Legal Question in Wills and Trusts in New Jersey

Power of Attorney and Unable to sign form due to disability

I would like to set up a Power of Attorney for someone who had a stroke. This person's stroke had caused this person to be physically disabled, but not mentally disabled. This person is fully aware of signing this kind of document.

For the Power of Attorney document, will it be acceptable for him to sign the form as best he can? Do we need witnesses to verify that he signed this form? Or, does someone need to be his guardian?


Asked on 1/08/03, 5:34 pm

2 Answers from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

Re: Power of Attorney and Unable to sign form due to disability

If the person is mentally competent and can acknowledge in some manner that they understand the document, it can be signed in any manner. It has to be witnessed by a notary public and sealed.It should be drawn by an attorney. If you are in North Jersey, please call and I can help you. The cost is about $200.

Bernie Berkowitz

973-808-2003

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Answered on 1/09/03, 9:03 am
Walter LeVine Walter D. LeVine, Esq.

Re: Power of Attorney and Unable to sign form due to disability

You do not say where the person is residing, home or nursing home. If the latter, I can send you a document, the person can mark it with an "x" before 2 witnesses (nurses or other personnel) and they may have a notary also available to witness all signatures and the "x". If the person is at home, I suggest that (I have had this situation before) you have the person's doctor be there, act as a witness after verifying competency to understand the document and consenting to its implimentation (still need another witness and a notary). If you would like to discuss this, call mne at 973-377-3313 and I can advise you based upon full details you provide.

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Answered on 1/09/03, 12:55 pm


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