POA witness rules

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sweetea

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A little confused and new to the POA thing. My mom is disabled (ALS) and slowly losing her speech so she is giving me POA. Now, obviously, we need 2 witnesses not related by blood or by marriage. We have 1 and I was wondering if my boyfriend qualified? We have been together 10 years and have 2 children. Does having children together disqualify him from being a witness to POA?
 
sweetea said:
A little confused and new to the POA thing. My mom is disabled (ALS) and slowly losing her speech so she is giving me POA. Now, obviously, we need 2 witnesses not related by blood or by marriage. We have 1 and I was wondering if my boyfriend qualified? We have been together 10 years and have 2 children. Does having children together disqualify him from being a witness to POA?
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Yes, your boyfriend qualifies.
He is NOT related to you by blood or marriage.
 
PA abolished common law marriages in January 2005. But, if they exchanged vows prior to that, it appears they MIGHT be considered "married" ... though, I strongly suspect that for one to be disqualified by the law one would have to be legally married by a license and all.
 
CdwJava said:
PA abolished common law marriages in January 2005. But, if they exchanged vows prior to that, it appears they MIGHT be considered "married" ... though, I strongly suspect that for one to be disqualified by the law one would have to be legally married by a license and all.
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True, but they've been together for 10 years, so the possibility exists that they are common law married (prior to 2005) which is recognized as a valid marriage in PA.

If that's the case, then she needs another witness. If not, then she's fine.

Since the validity of a POA depends on selection of a witness, I felt it important to let her know anything that could disqualify her boyfriend.
 
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