ADDITIONAL INFORMATION:

My husband had a stroke a year ago. We have no will. He can’t write and his speak isn’t very well. My question is can he make me power of attorney if he can only make an x? Would that be legally binding?

ATTORNEY ANSWER BY MARGARET L. CROSS:

Yes, your husband can execute a power of attorney provided he understands what he is executing and wishes to do so. He can make his mark on the document. The notary clause would reflect that your husband made his mark in the presence of a notary. An attorney can help you with the necessary language that must be inserted into the power of attorney. It is not in standard documents.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice. Circular 230 Disclaimer: Any information in this answer may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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