Power of Attorney

 

A Power of Attorney is the most requested document that I receive to be notarized. A Power of Attorney is an extremely important document that requires a notary. There are many requirements that need to be in place before a Power of Attorney is notarized.

 

I always prequalify the Power of Attorney notary appointment with the following questions.

  1. Does that signer have a valid form of ID, such as Driver’s License or Passport? If so, are they current or expired within the last five years?
  2. Is the signer of the Power of Attorney conscious and aware of what they are signing?
  3. Is the signer able to write their name?
  4. What is the age of the signer?
  5. What is the optimum time to perform the notary if the signer is ill or being hospitalized, taking into consideration that certain medications or recent procedures can leave the signer less prepared to sign with full cognition?

 

One might be wondering why all of these questions for a Mobile Notary for a Power of Attorney?  The answer is, my job as a notary first and foremost is to prevent fraud. Being that the Power of Attorney grants a person to manage your affairs if you are unable to do so, it is vitally important that these questions are addressed. Some Power of Attorneys deal with financial and business matters. Other types deal with health and other legal matters.

 

It is of grave importance that the signer is not being coerced into signing the Power of Attorney. If their health is failing or they just had surgery, it is important that they are aware of what they are signing.

 

If they are ill or injured, as a notary I need to know if they are able to sign their name. If they are unable to sign, I would need to execute a different type of notary called a Signature by Mark in which two credible witness would have to be in place in order for the Power of Attorney to be notarized.

 

Now one can see what is required and why preparation for the Power of Attorney is so vital.

 

 

 

 

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