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I think you have to clarify what you mean by "on behalf of". If "on behalf of" you mean to help your mom in the way AnnReid described, then yes, that's legal. If "on behalf of" you mean to request an absentee ballot in mom's name and fill it out on your own with your own preferences, then no.
A POA cannot vote for another person. Actually, no one can vote for another person. A POA CAN request an absentee ballot for the person they're caring for.
Another person can assist someone in filling out an absentee ballot. I even believe you can have someone assist you in casting your ballot in person at a polling location (I'm not 100% cure about that), especially if you have some sort of physical impairment that makes voting difficult, You don't have to be a POA to be allowed to do that. There should be a place to sign on the absentee ballot as "person assisting" or "agent" or some such language that you would sign.
As far as competency is concerned, I'm not aware of any laws requiring a voter to prove mental competency before they are allowed to cast a ballot. Maybe laws such as that differ from state to state, but certainly here in NY I've never heard of anything like that.
Everything you wrong is exactly right, notgoodenough. [I've been an election judge for 12 years in Wyoming though other states may other requirements / restrictions.]
This is considered voter fraud and is a felony in this state. We do all voting by mail in this state and a signature is required. Several years back it was discovered a widow was voting for years on behalf of her very dead husband. Her excuse was he was a lifelong Democrat and she knew how he would have voted. ARGHH! Use your brain people. You know it is wrong.
"ASSISTANCE FROM OTHERS You can bring anyone to assist you while you vote or you can get assistance from election judges. You cannot get assistance from your employer or your union. Your assistant can participate in all parts of the voting process. ** Assistants cannot influence how you vote or mark the ballot for you if you cannot communicate to them who you want to vote for. **
SIGN IN ORALLY You have the right to orally confirm who you are and to ask another person to sign for you if you cannot sign your name.
VOTERS UNDER GUARDIANSHIP You can vote while under guardianship unless a judge specifically has taken away your right to vote in a court order. "
My husband and his brother are durable PoAs for their mom (my MIL). She has short-term memory loss and some dementia. As time has passed we realized she has forgotten how to write, including signing her name. She cannot even copy from a word that you write. Last election we got her the absentee ballot and she still knew how to sign her name and could comprehend the election basics, and she read the ballot. I think she still can understand the election basics and still read but this time won't be able to sign her name on the ballot. She is bedridden and frail so taking her outside to vote in the MN winter is not an option. One of her PoAs will get her oral vote and fill out the absentee ballot for her.
Therefore, it may be possible to assist your LO to vote if they can give oral direction and meet any other qualifications required, so check with their state rules. In my state it does not appear you can cast a vote on behalf of another who cannot communicate their choice to you.
In my opinion, if MIL has Dementia she is not competent to make decisions concerning who she wants as president. I would think in this instance a POA filling out her ballot is fraud. I really would check this out with your local voting board.
Do the NH not arrange postal votes for their residents? If not you could apply for a postal vote for her. If she has dementia then my personal view - and I emphasise it is personal - is that she should not vote nor should someone else vote for her, as this is like the person doing her voting having two votes. You need to consider her mental capability.
Thanks for asking this question. I have been struggling with it for my mother who is no longer able to make her own decisions. I know her views and who she would want to vote for but am uncomfortable with the legality of it. Especially as this year I am working as a poll worker whose job is to examine and verify voter identification. As much as I want to carry out her wishes I have decided not to.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
A POA cannot vote for another person. Actually, no one can vote for another person. A POA CAN request an absentee ballot for the person they're caring for.
Another person can assist someone in filling out an absentee ballot. I even believe you can have someone assist you in casting your ballot in person at a polling location (I'm not 100% cure about that), especially if you have some sort of physical impairment that makes voting difficult, You don't have to be a POA to be allowed to do that. There should be a place to sign on the absentee ballot as "person assisting" or "agent" or some such language that you would sign.
As far as competency is concerned, I'm not aware of any laws requiring a voter to prove mental competency before they are allowed to cast a ballot. Maybe laws such as that differ from state to state, but certainly here in NY I've never heard of anything like that.
"ASSISTANCE FROM OTHERS You can bring anyone to assist you while you vote or you can get assistance from election judges. You cannot get assistance from your employer or your union. Your assistant can participate in all parts of the voting process. ** Assistants cannot influence how you vote or mark the ballot for you if you cannot communicate to them who you want to vote for. **
SIGN IN ORALLY You have the right to orally confirm who you are and to ask another person to sign for you if you cannot sign your name.
VOTERS UNDER GUARDIANSHIP You can vote while under guardianship unless a judge specifically has taken away your right to vote in a court order. "
(source: https://www.sos.state.mn.us/media/3955/voter-assistance-2020-rev.pdf)
My husband and his brother are durable PoAs for their mom (my MIL). She has short-term memory loss and some dementia. As time has passed we realized she has forgotten how to write, including signing her name. She cannot even copy from a word that you write. Last election we got her the absentee ballot and she still knew how to sign her name and could comprehend the election basics, and she read the ballot. I think she still can understand the election basics and still read but this time won't be able to sign her name on the ballot. She is bedridden and frail so taking her outside to vote in the MN winter is not an option. One of her PoAs will get her oral vote and fill out the absentee ballot for her.
Therefore, it may be possible to assist your LO to vote if they can give oral direction and meet any other qualifications required, so check with their state rules. In my state it does not appear you can cast a vote on behalf of another who cannot communicate their choice to you.