Legal Question in Elder Law in Texas

power of attorney

i need to get a power of attorney for my mother who has had a stroke on her left side effecting her right side, she is 83 years old and is going to a nursing home..I am designated as her power of attorny. on this form there are boxes to be initialed by her on this form and this sstroke has effected her writing hand. the only way she can sign is by an X and it calls for her intial by each box. my question is it legal for her to put x by each box with left hand and i intial it infront of notary and witness


Asked on 12/03/01, 8:07 am

1 Answer from Attorneys
Jay Goldenberg Jay S. Goldenberg

Re: power of attorney

I can't answer for Texas law but I don't see what you have to lose by trying, but do this modification.

Have a separate paper prepared reciting something like (fit your facts)

I saw Jane Doe apply her X where marked, and she instructed John Doe to insert her initials and he did so at her direction and in her presence [which means she should see you -- lean over the bed if necessary].

Have it signed by the witness & notarize the witness's signature.

Attach this to the power.

Basically, this is too long to try to fit in to the power, but attaching gives you room to spell it out and provide information.

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Answered on 12/06/01, 12:00 am


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