A notary public’s function when notarizing a power of attorney is to prepare an acknowledgement that is affixed to or made part of the power of attorney. A properly prepared acknowledgement requires three things: that the principal appear in person before the notary; the principal declares the signature on the power of attorney is his own and made willingly; and principal intends the provisions of the power of attorney to take effect. After the principal signs the power of attorney, the notary signs the acknowledgment under penalty of perjury and stamps the document with his official seal. Power of Attorney for Finances -- State Law Requirements
To prepare a valid power of attorney for finances, the requirements of the state where the power of attorney is signed must be followed, including whether it must be notarized. Some states, like Illinois, specify a "statutory power of attorney" that provides a complete format the power of attorney must follow. Illinois law also requires a witness to sign the power of attorney in addition to requiring the principal's signature be notarized. In New York, a valid power of attorney must include the notarized signatures of both the principal and agent. Because state laws require documents effecting real estate to be notarized -- and a power of attorney can be used to transfer real estate -- state law is likely to require a power of attorney for finances to be notarized. Power of Attorney for Health Care -- State Law Requirements
State law requirements for signing a valid a power of attorney for health care vary in several ways, but can generally be categorized into four groups: states that require the principal's signature to be notarized; states that do not require a notarized signature, but require one or two witnesses to sign the document; states that give the option of using a notarized signature or witness signatures; or a state that requires both witnesses and a notarized signature. A power of attorney for health care is often used in conjunction with a living will - a document that states the principal's wishes regarding medical care and treatment, particularly end of life medical care. Selling Property & Limited Power of Attorney
Generally, a power of attorney document gives authority to another person, known as your agent or attorney-in-fact, to conduct transactions or make decisions on your behalf. This type of document may be helpful if, for example, you cannot attend a real estate closing. You can draft a power of attorney giving a wide range of powers to your agent, or a more limited power of attorney, giving your agent specific powers for only certain transactions. Either type of POA can give your agent power to sell property on your behalf. How to Appoint a Power of Attorney
A power of attorney allows one person to act on behalf of another person in various matters, including health or finances. You may give another person, known as your agent or attorney-in-fact, power of attorney as long as you're mentally competent. You must draft a power of attorney document that meets the legal requirements in your state in order to give your agent authority.
A POA is not considered a legal document unless it is notarized. Basically you can get it notarized at the court house for a few dollars. If something ever happened and he was unable to be with you having it notarized would save you a lot of grief.
I have a document we used from On Line when we did the Living Will stuff. I was just wondering how others handled it. Usually when I ask, they will tell me to just sign my name with POA. Mentally he is ok at this point. I take the paper with me when I go places now also, but it is not notorized. It did not require it when we did it. Thanks for all your answers.
Yes it must be notarized. If the POA gives you full power due to him being incapacitated give a copy to all doctors, banks etc. You can sign his name just make sure you also sign your name and write POA after your name. I just sign my name and write POA but I am listed as POA with all of mothers banks, doctors etc.
It's kind of unclear whether Gaylynab already has a POA that just hasn't been notarized or is still in need of one. Either way her husband can still assign a POA after a stroke as long as it hasn't effected his mental capacity, there are ways to "sign" a document when a person can't write their name.
Vicki, maybe the Oops is my Oops! I thought the OP meant that she had printed out a form, added names, or something like that, but hadn't executed it b/c she was uncertain how to sign. The key for me was the question on notarization, which seemed to be referring to a single document.
GardenArtist i thought the signing question was referring to after you are already POA and how you sign documents for him. Oops! My reading comprehension just got an F. If he is unable to sign at all, you will have to get legal guardianship of him, not POA and that will require petitioning the court.
Firstly I am sorry for your husband's stroke and medical condition. It varies from state to state if you need a notary. I had my father's notarized just to be sure. Some places will have you sign his name with your name and POA afterwards. Others just have me sign my name with POA after it. I usually ask how they prefer it, if they don't know I do both. Hope that helps.
You can't sign his name; that would be forgery. He has to sign and you have to acknowledge acceptance. However, his inability to write could present a problem, especially if this is a DIY project.
I have the feeling you haven't had an attorney prepare the POA document? Is your husband able to communicate verbally? If so, I think you'd be better off paying the funds and having an attorney handle execution and witnessing (and provision of a notary) to avoid any concern about his inability to make decisions, especially if he has any cognitive dysfunction arising from the stroke.
Curious, how did you decide to handle execution in this manner?
A notary public’s function when notarizing a power of attorney is to prepare an acknowledgement that is affixed to or made part of the power of attorney. A properly prepared acknowledgement requires three things: that the principal appear in person before the notary; the principal declares the signature on the power of attorney is his own and made willingly; and principal intends the provisions of the power of attorney to take effect. After the principal signs the power of attorney, the notary signs the acknowledgment under penalty of perjury and stamps the document with his official seal.
Power of Attorney for Finances -- State Law Requirements
To prepare a valid power of attorney for finances, the requirements of the state where the power of attorney is signed must be followed, including whether it must be notarized. Some states, like Illinois, specify a "statutory power of attorney" that provides a complete format the power of attorney must follow. Illinois law also requires a witness to sign the power of attorney in addition to requiring the principal's signature be notarized. In New York, a valid power of attorney must include the notarized signatures of both the principal and agent. Because state laws require documents effecting real estate to be notarized -- and a power of attorney can be used to transfer real estate -- state law is likely to require a power of attorney for finances to be notarized.
Power of Attorney for Health Care -- State Law Requirements
State law requirements for signing a valid a power of attorney for health care vary in several ways, but can generally be categorized into four groups: states that require the principal's signature to be notarized; states that do not require a notarized signature, but require one or two witnesses to sign the document; states that give the option of using a notarized signature or witness signatures; or a state that requires both witnesses and a notarized signature. A power of attorney for health care is often used in conjunction with a living will - a document that states the principal's wishes regarding medical care and treatment, particularly end of life medical care.
Selling Property & Limited Power of Attorney
Generally, a power of attorney document gives authority to another person, known as your agent or attorney-in-fact, to conduct transactions or make decisions on your behalf. This type of document may be helpful if, for example, you cannot attend a real estate closing. You can draft a power of attorney giving a wide range of powers to your agent, or a more limited power of attorney, giving your agent specific powers for only certain transactions. Either type of POA can give your agent power to sell property on your behalf.
How to Appoint a Power of Attorney
A power of attorney allows one person to act on behalf of another person in various matters, including health or finances. You may give another person, known as your agent or attorney-in-fact, power of attorney as long as you're mentally competent. You must draft a power of attorney document that meets the legal requirements in your state in order to give your agent authority.
I was just wondering how others handled it.
Usually when I ask, they will tell me to just sign my name with POA.
Mentally he is ok at this point. I take the paper with me when I go places now also, but it is not notorized. It did not require it when we did it. Thanks for all your answers.
I think we need some clarification.
Gaylyn, could you help us out here?
I have the feeling you haven't had an attorney prepare the POA document? Is your husband able to communicate verbally? If so, I think you'd be better off paying the funds and having an attorney handle execution and witnessing (and provision of a notary) to avoid any concern about his inability to make decisions, especially if he has any cognitive dysfunction arising from the stroke.
Curious, how did you decide to handle execution in this manner?