The power of attorney document, as well as a health care directive, are the center of a controversy involving Mr. Herer's wife Jeannie Herer and two of his acquaintances. The power of attorney document was filed with the Polk County, Oregon, clerk's office on Sept. 17, 2009. The document in question grants two acquaintances of Mr. Herer, Joy M. Graves of Salem, Oregon, and Charles Jacobs, of California.
Ms. Graves filed two restraining orders against Mrs. Herer to prevent her from visiting Mr. Herer in a nursing facility. The two restraining orders, one in Oregon and one in California, were both dismissed, and Ms. Herer has again been able to visit Mr. Herer as of December 3, 2009.
Ms. Graves and Mr. Jacobs, appointed co-attorneys on the power of attorney form, claim that a meeting was held with Mr. Herer at the Hempfest 2009 festival at Kelly Point Park in Portland, Oregon, at about 12 noon on Saturday, Sept. 12, 2009. They also claim that the Mr. Herer signed the power of attorney form a short time later, but before his speech at Hempfest 2009, a few hours later.
According to attendees of Hempfest 2009, Jack Herer had been at the festival since the morning and later gave a speech and then fell ill backstage and was taken by ambulance to Emanuel Hospital in Northeast Portland.
The power of attorney form was notarized by Janelle Tomason, an Oregon Notary Public. She signed, dated, and stamped the form. The county of notarization however, is listed as "County of Washington, State of Oregon." Kelly Point Park in Portland is, however, in Multnomah County.According to the Oregon Notary Handbook, the county listed on the certificate is to be the county where the notarization takes place.