Legal Question in Wills and Trusts in Virginia

Validity of Power of Attorney w/special circumstances

I am the executor of my recently deceased Mother's estate and have run into some special circumstances. My brother had Mother to sign for him to be her power of attorney as she was living with him and she had become demented at times worse than others. My question is: Is it legal that he had her to sign a paper and living in VA, had it notarized in WV?


Asked on 7/19/00, 4:56 pm

1 Answer from Attorneys
Olivier Long Law Office of Olivier Denier Long

Re: Validity of Power of Attorney w/special circumstances

Might be valid or might not be. Most important issues are (1) whether mother was legally competent at time of signing, and (2) whether mother was physically present before the notary in West Virginia at time of notarization. The fact that a power of attorney is notarized outside someone's state of residence does not automatically invalidate the document.

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Answered on 9/11/00, 3:16 pm


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