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Power of Attorney
How can my Sister make a Power of Attorney if she cannot sign her name?

How can my Sister make a Power of Attorney if she cannot sign her name?

Q: Can someone get power of attorney without consent?

No, a person cannot obtain power of attorney without the consent of the individual granting it. The principal must voluntarily agree to the arrangement and be capable of understanding the implications of the document. If they are unable to provide consent due to incapacity, a court may appoint a guardian instead.

Full question:

My sister has suffered a stroke. She can not speak or write. she had no power of attorney in place. We are trying to establish one. How do I go about doing that?

Category: Power of Attorney
Date: 04/07/2025
State: Florida

Answer:

According to the section of the Florida code below, the Notary can sign for them. Two witnessses are also required.

709.2105. Qualification of Agent; How to Properly Execute a Power of Attorney. (1) An agent must be 18 years old or older; or a financial institution that has trust powers and authorized to conduct trust business in Florida.

(2) The power of attorney must be signed by the principal, in the presence of two subscribing witnesses, and acknowledged before a notary public. (3) If the principal is physically unable to sign the power of attorney, the notary public may sign the principal’s name on the power of attorney per the following:

A notary public must make reasonable accommodations to persons with disabilities, including:

reading the entire document to someone who is blind before notarizing;
let person sign with a mark if the document is:
witnessed by two disinterested persons;
notary prints the person’s first and last name; and
notary prints the words, “his (or her) mark” below the person’s signature mark

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to take power of attorney when one is mentally incapable?

To establish a power of attorney for someone who is mentally incapable, you typically need to demonstrate that they are unable to understand the nature of the document. In many states, this requires a physician's evaluation. If the individual cannot sign, a notary may sign on their behalf, provided reasonable accommodations are made for their condition. It's advisable to consult with a legal professional to ensure proper procedures are followed and to protect the interests of the person in question.

How do I get a power of attorney for my sister?

To obtain a power of attorney for your sister, she must be able to understand the document and its implications. If she is unable to sign due to her condition, a notary can sign on her behalf after making necessary accommodations. You may also need two witnesses. It's best to consult with a lawyer to ensure all legal requirements are met and to guide you through the process.

How do I get power of attorney for my sister?

To get power of attorney for your sister, she must agree to it and be able to understand the implications. If she cannot sign due to her condition, a notary may sign for her, ensuring that proper accommodations are made. Consulting with a legal professional can help you navigate the specific requirements and ensure that the document is valid.

What are the four types of power of attorney?

The four main types of power of attorney are: 1) General Power of Attorney, which grants broad powers; 2) Durable Power of Attorney, which remains effective if the principal becomes incapacitated; 3) Medical Power of Attorney, which allows someone to make healthcare decisions; and 4) Limited Power of Attorney, which is restricted to specific tasks or timeframes. Each type serves different needs, so consider your situation carefully.

How much does a power of attorney cost in Hawaii?

The cost of establishing a power of attorney in Hawaii can vary widely, typically ranging from $100 to $500, depending on whether you hire an attorney or use a template. Additional fees may apply for notarization and witnessing. It's wise to consult with a legal professional for an accurate estimate based on your specific needs.