Legal Question in Consumer Law in New York
Legally Blind Handicap Brother signed Contract
My brother is legally blind and has Cereral Palsey. My mother has Power of Attorney to sign all documents for him. In trying to settle land inherited when our dad died(who inherited it when his parents died,along with siblings) two of the heirs came to my Mom's home and insisted my brother sign the document himself. One of the heirs is a Notary Public, who told my Mom when she stated she had Power of Attorney, that it was all right for him(my brother) to sign. This heir then notarized the document. The document was to release his claim on the property to another heir. This document was not read to him, and he CANNOT see to read it. Is this document legal? Is his signature(not ledgable) legal?
2 Answers from Attorneys
Re: Legally Blind Handicap Brother signed Contract
You and your brother need to consult counsel. There are many issues involved with this and action must be taken prior to a sale of the property to a 3rd party. The short answer is that documents can be legal even when blind people sign them, so you have an evidence issue, but in the mean time action must be taken to create notice to potential purchasers that your brother has interest in the property.
Feel free to give me a call at 941-954-4691 or drop me an email.
Re: Legally Blind Handicap Brother signed Contract
Numerous issues are raised in your question. Although a notary can notorize a signature of a relative, there is a substantial issue here because the notary is a party in interest. Another issue is the effectiveness of the document because there is no evidence that it was executed with the intent to release anything.
The fact that the person is blind, in and of itself is not of major import.
You should seek, as soon as possible, the assistance of competent counsel in order that your interests be protected.
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