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Does general power of attorney need to be notarized to be legal in California?
http://www.ftb.ca.gov/law/Poa/index.shtml#Q4 No. It does not need to be notarized.
Does power of attorney need to be notarized to be legal in Illinois?
Yes. The principal's signature must be witnessed and notarized for a valid Power of Attorney. See link below for more information about POA in Illinois.
How can you proove you are power of attorney?
You present the power of attorney form to the third party.
How do you obtain a copy of your brothers poa on mother to see if you have been excluded from medical information?
how do I obtain a copy of my brothers POA on my mother to see if I have been excluded from medical information.
How do you terminate power of attorney prior to death?
Write or type a signed, notarized, and witnsessed document stating that you withdraw the POA from whomever you wish to cancel.
When does a notary expire?
No, unless it is stated otherwise on the notarized document. In cases of power of attorney all POA's become null and void upon the death of the grantor regardless of how the POA was implemented.
Can the durable power of attorney rule over medical power of attorney?
No. You will find that they are regarded entirely differently. The decisions of the holder of a durable POA will not be accepted or acted upon by the medical community. A specific medical POA must be granted for medical and end-of-life issues.Another PerspectiveSome Durable Power of Attorney documents can be drafted to include broad powers including including the power to make medical decisions. An example from Alabama is provided in the link below. If a person executes both a Durable POA and a Medical POA they should make certain the powers do not overlap so as to cause a problem when medical decisions must be made on behalf of the principal.
Do you need proof of incapacitation for poa docs?
yes
Does the power of attorney papers need to be notarized?
It depends upon the probate laws in the state where the POA is going to be used. Contacting the clerk of the probate court in the city or county of residence will obtain the needed information.
Does a copy of a notarized document have to be notarized?
Not unless it is intended to be used as a 'legal' paper in it's own right. All 'official' notary stamps and impressions must be original.Another PerspectiveIf you need to use a copy of a notarized document for some purpose it must be a copy of the actual notarized form showing the acknowledgment. For example, many entities will accept a copy of a fully executed POA (Power of Attorney) for their records. A copy of a fully executed POA may be acceptable at some facilities where it must be used. Some hospitals may accept a copy of a fully executed health proxy for their records. If you want to have a copy of a legal document for your records make sure it's a copy of the fully executed, notarized document.When multiple originals of a legal document are executed they must each bear a notary stamp. A photocopy of a POA, health proxy or any legal document made before the document was fully executed has no value.A copy of a notarized document is acceptable in courts if it is certified as a true copy of the original. It must be certified as a true copy by the keeper of the records from which it came. For example, certified copies of documents that have been recorded in the land records can be obtained at that office.
If the notary believes a signature is real is it fraud if a power of attorney is signed in LA then notarized in MS without signed witnesses in either state and if so what are the repercussions?
The POA would be invalid if it was not signed before the notary who "notarized" the signature. The MS notary should be reported to the MS Secretary of State's Office and a copy of the POA should be provided with the complaint if possible. You can find the contact numbers for the MS SOS at the link provided below. You can call their office for further information.
An attorney made out a power of attorney for my mother ten years ago. It was signed and notarized by the attorney. A hospital told us it is not valid with only his signature. What should we do?
You need to research the requirements for an effective POA in your state. Perhaps it needed a witness. You should check at your town offices to see if there is a Council for Elder Affairs that can advise you. Otherwise you need to consult with an attorney who can review the POA document and determine if it is effective under your state law. You should try to contact the attorney who drafted the document.
