Legal Question in Disability Law in Texas

I had a notary write up a Durable Power of Attorney & a Medical Power of Attorney.

My wife cannot sign or make an x because,bothe of her hands are paralyzed.

She is living in a nursing home in Nacogdoches.

Our bank & the SSA will not accept it because,there has to be a stipulation on bothe of the different documents,that state"I give the notary my consent to sign on my behalf.

As I'm looking at bothe power of attorny documents,I don't see it anywhere.

All the notary done was write "patient is unable to sign"

Why is this not accepted?

Thank you for your time & attention,

Mr. Neil Williams


Asked on 4/07/11, 9:30 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

The first thing you need to understand is that there is no legal requirement for any entity to honor a power of attorney. A bank, a funeral home, a real estate broker - they can simply say "No."

In other words, even if you had a properly signed POA, it could still be rejected.

You may have a situation where it will be necessary to have the court appoint a guardian for your wife. Nacogdoches has a few good lawyers who can take care of this (Albert Weatherly, for instance).

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Answered on 4/07/11, 11:08 am

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