What is the rule when a person cannot hold a pen to execute a power of attorney?
Full Question:
Answer:
Unfortunately, no one will be able to sign a power of attorney for him. The principal must have mental capacity to make or revoke the power of attorney at the time of signing. Legal capacity generally means to have an understanding of the nature of the action and its consequences. When a person is incapacitated, he/she is unable to sign a will, codicil to a will, power of attorney, or a revocation of the same. We suggest discussing his mental capacity to sign a contract with his physician.
In most cases, a legal document, assuming mental capacity existis, must be signed in the person's own handwriting or with the person's mark if he/she is not able to write. Occasionally it is acceptable also for the person's name to be written by some other person at the person's request and in the person's presence.
The statutes in Kentucky affecting power of attorneys do not specify although they do allow the making of a mark instead of full signature for execution of a deed.
If mental capacity is questioned, it may be necessary to petition the local probate court for appointment of a guardian or conservatorship.
I am not certain which form you were referring to that was missing the notary section. Upon examination of each form in the NM-P001-PKG, the appropriate notary lines were seen.
