Legal Question in Elder Law in Texas

Hello, I have a copy of a stuatory durable power of attorney for my father. It appears to made from a computer program versus an attorney. It does have the notary public stamp and appears legal. But she does know people in the field. There are no witnessess on the document. and there are some discrepcencies on the signature of the preparer. Is the document legal?


Asked on 3/25/11, 6:23 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Even if it is "legal" don't be surprised if people and businesses won't accept it.

From my own personal experience, my mother's bank and stock brokerage firm refused to accept one that an attorney prepared! They required us to use one that was prepared by their legal department and notarized by one of their employees! They wanted to meet with her in person with me outside of the room to make sure that she was mentally competent & that she was executing the legal document of her own free will.

Therefore, I encourage you to take it to businesses where you think you might need to use your statutory power of attorney in the future & make sure that they will accept it, if and when you might need it in the future.

FYI: People are not required to accept any legal document -- even if it is prepared by an attorney, witnessed & even "signed by blood"!

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Answered on 3/25/11, 7:24 pm


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