A few months back, my sister totaled my mom’s car, which is only in her name. The insurance company is now sending paperwork to my dad (who’s on the insurance policy) to sign the title over. The problem is, my mom can’t sign anything because she’s incapacitated with early-onset dementia and literally can’t speak, read, or write.
Looking back, we should’ve arranged for my dad to have clear control over everything, but honestly, we’ve been so caught up in caring for her and dealing with the emotions of her diagnosis.
My dad does have power of attorney for her, and we have medical paperwork confirming her incapacity.
Any thoughts on how this might go legally? We’re in the US, West Virginia to be exact. Appreciate any advice, thanks!
Definitely check with the insurance company first, but usually it’s fine for him to sign. They’ll probably need a copy of the POA on file just to verify.
Your dad should be fine as long as he has the POA. He might want to call the insurance and put himself as the primary named insured going forward. Also, if your mom won’t be driving anymore, marking her as a non-driver could help.
Insurance companies deal with stuff like this all the time. Have him call and ask how to proceed. It could just mean signing an extra form, or maybe getting a new title in his name. Shouldn’t be too hard since he has POA, but best to check directly.
Not a lawyer, but your dad might want to consider filing for conservatorship for your mom. It’s more comprehensive than a POA. Had to do something similar for my grandmother.
There’s usually a way to handle car titles with a POA. Have your dad talk to the state department and a notary before moving forward so the original title doesn’t get messed up.