In this blog post, we go over how powers of attorney must be signed as well as the advantages of having them notarized.
What is a power of attorney?
A power of attorney is a legal document that grants the “grantor” (sometimes known as the “attorney”) the authority to make decisions on your behalf in the event that something were to happen to render you incapable of handling your affairs on your own. Power of attorney comes in two major flavors.
If you become mentally incapable of making decisions for yourself, a power of attorney for personal care allows your attorney to make decisions regarding your personal care and medical treatment on your behalf.
With a continuing power of attorney for property, your attorney can take care of your financial issues and can represent you even if you lose your mental capacity. This entails handling your financial affairs, paying your bills and rent, and making purchases on your behalf.
What are the signing requirements for powers of attorney?
The grantor of a power of attorney must sign it in the presence of two witnesses. In the presence of the grantor, the witnesses must also sign the power of attorney. The witnesses cannot include the attorney, their spouse or partner, your spouse, partner, child, or a person you treat as your kid, a person whose property is subject to guardianship or who has a guardian of the person, a person under the age of 18, or anybody who is under the care of another person.
Do powers of attorney need to be notarized?
No, a notary’s signature is not required by law for powers of attorney. However, having your powers of attorney notarized is a smart move.
A power of attorney that has not been notarized will frequently not be accepted by organizations like banks and financial institutions. To reduce the possibility that an institution would reject your powers of attorney, it is strongly advised that a notary serve as a witness when you sign them.
It’s a good idea to ask your bank and other financial organizations what specifications, if any, they have for powers of attorney.
My power of attorney isn’t notarized – what can I do?
You still have two options if you already signed your powers of attorney without a notary.
One of your witnesses can fill up and have notarized an affidavit of execution. An affidavit of execution is a sworn declaration that details your power of attorney’s execution, including the date it was executed and the identity of the other witness. As exhibits to the affidavit, the notary will also notarize the original copies of your powers of attorney.
The second option is to notarize the fresh copies of your powers of attorney. The powers of attorney will be notarized with the notary’s signature and seal. If you decide to go with this course of action, be sure that your new powers of attorney include a clause canceling all earlier ones.
LET JURIS NOTARY HELP
Do you need to consult with someone about your legal matters or need to get any documents notarized? Get in touch with Juris Notary, and we’ll be happy to help you out or point you in the correct direction if need be.
