question on legal issue

by Mulan 8 Replies latest watchtower medical

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  Mulan

  Anyone with legal knowledge can answer this.

  The new blood form (replacing the blood card) is a DPA (durable power of attorney). I am my JW mother's DPA. She knows I will respect her wishes on the blood issue, so that isn't a problem. The problem is the new form the WTS has produced. The elders sent her the form to fill out and two of them are going to visit her to witness her signature. It won't be notarized.

  Will it be legal without being notarized? I say "no", but the elders say it will be completely legal.

  Anyone?
• 

  calamityjane

  If the form requires a Notary, it will have to have a Notary Seal on it once signed. How does the form read where the signatures go?
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  Mulan

  I don't know. I just know the other forms we filled out two years ago, all were notarized. They don't say anything on them about needing to be notarized.

  The social worker told me they HAD to be notarized though.
• 

  calamityjane

  Here in Canada a Power of Attorney does not have to be notarized. The two witnesses to your mother's signature should be in attendance when she signs it, along with their signatures. That would be legal enough. But U.S. laws may be different.
• 

  blondie

  It depends on the laws in your state. We had ours done and the signatues did not have to be notarized but two people had to act as witnesses to the signature that were not also named as proxies.

  Washington state does not require this directive to be notarized or witnessed.

  http://www.wsma.org/patients/who_decide.html
• 

  JustTickledPink

  This is only what I believe to be true.. but I think this is how it goes.

  If you carry a legal document like that and it's signed by witnesses but NOT notarized, then if you are in a life/death situation the witnesses would have to testify that yes, those were your intentions if the document was ever in question.

  The notarized document doesn't require you to get the witnesses to be there, because they have a licensed notary with a seal stating they saw the person sign it. It can't be questioned.

  I do know that in the state of Florida, a "Living Will" that is similar must have 2 witnesses AND a notarized seal on it.
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  blondie

  Washington: Health care directive (living will) requires two witnesses. Not valid if pregnant. Durable power of attorney for health care (proxy) requires no witnesses, although they are recommended.

  http://www.last-rights.com/stories/will.html

  Just a note, living wills and durable poas for health care are not the same thing and may have different requirements.
• 

  Forscher

  Blondie's got the right of it. It depends on the laws of the state you are in. When in doubt, check with a lawyer. The expense is worth the peace of mind on the matter. And that sort of consultation is usaully not all that expensive anyway!
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  Mulan

  Thanks for the info everyone, especially Blondie.

  Mom said she is going to tell the elders that she will fill out the form, if they require it, but that she knows I will carry out her wishes no matter what. She is still going to put my disfellowshipped brother and myself on the form as the ones to contact, or the ones who have her authority.