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Must durable power of attorney have witnesses other than notary?
Wiki User
∙ 14y ago
Not usually, as the individual granting the durable power of attorney is the one that signs the POA, alone as they are the only ones that can grant such power. Now, if the individual is too far gone, or mentally incapeable of signing this durable POA, then this matter should be addressed in a court of law, have the person deemed incapable by virtue of testimony of a professional, like a doctor, and a judge will then appoint someone as their guardian. A whole different process. But usually, an individual knows they are going to be incapacitated in the near future and signs beforehand, while still able to grant these powers.
Wiki User
∙ 14y ago
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Is a notary legally binding in North Carolina?
A notary witnesses signatures and validates on a document that the people who signed it are the people they say they are. It has no other legal function.
How do you get power of attorney from someone in jail?
You either need an attorney or the bail bonds person to go to the jail and it will also be notarized in the jail at least here in hillbourough county florida ===Additional Answer=== You should draft several original Durable Power of Attorney forms (at least four-five) and mail them to the prisoner. The person who is incarcerated should be able to sign them before witnesses and a notary at the prison. The prisoner should keep a copy and send the other originals back to you. He could ask the notary at the prison if one needs to be filed at the prison. You should keep at least one copy in a safe place and keep another copy in your wallet. See the link below for an example of a Durable POA form and the tasks you can perform under a POA. If you want to make certain the Durable POA will be acceptable at institutions where you may need to act for the prisoner then you should have the POA document reviewed by an attorney.
Can a Notary and Power of Attorney be one in the same?
Not enough information is given with which to answer the question. WHAT kind of "agent" is being referred to? However this general statement can be made; an individiual acting under a "power of attorney" CANNOT notarize any documents bearing their own signature. In other words, they cannot sign something acting in their capacity as a POA and then, if they also happen to be a Notary Public, they cannot notarize that same document.
Can a felt pen be used in a legal signature for a durable power of attorney or attorney for health care?
No, you can't use felt pens or other writing instruments that could bleed through the documents. This was a good question though, I actually had to call a buddy of mine that provides durable power of attorney forms online. His website link is in the related links below.
If a person write a letter saying they give you power of attorney is it power of attorney?
It depends on the State that you live. Some States require that certain provisions be in a power of attorney form as well as having a notary sign the document and other States are more lenient and only require both signatures from Principal and Attorney-in-Fact.
Can non resident notary notarize wills?
Generally, a notary can only notarize signatures while in a state in which they have a notary commission, for the most part. Notaries can hold commissions from multiple states (in some cases). Some states also provide reciprocity to other states, meaning a notary from one state can legally notarize documents in another (although this is not common). Whether they can notarize wills or not is another question. They almost certainly can, if they can notarize at all. Unfortunately, you will need to check your state laws to be sure.
Can I ask a notary if they have notarized a document?
You are not entitled to details about documents the notary has acknowledged for other individuals.
Can a licensed NY notary also notarize in another state?
If they are also a notary in the other state, they can. The NY notary license stops at the NY border.
Can a notary public sign a family member's document in Massachuseetts?
Section 6: Prohibited Acts. (a) A notary public shall not perform a notarial act if: (7) the notary public is a spouse, domestic partner, parent, guardian, child, or sibling of the principal, including in-law, step, or half relatives, except where such persons witness a will or other legal document prepared by the notary public whois an attorney licensed in the Commonwealth of Massachusetts. See link below:
Estate Oath in front of Notary?
Estate Oath in front of Notary(Download)________________________________Address: ______________________________________________________STATE OF __________________COUNTY OF _________________Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared: ________________________________________________________________________________________________________________________________________________________________________________________________________________________who after being having duly sworn or affirmed to tell the truth, stated:1. That ___________________________ declared this instrument to be their last will and testament to the witnesses.2. That ___________________________ signed this instrument in their presence.3. That the witnesses signed as witnesses in the presence of _______________________ and each other.4. That ___________________________ is well known to the witnesses, and the witnesses believe ___________________________ to be of lawful age, of sound mind and under no undue influence or constraint.______________________________________________________________NotaryMy Commission Expires: _________________________Estate Oath in front of NotaryReview ListThis review list is provided to inform you about this document in question and assist you in its preparation. This is a formal document for a notary to attest to specific declarations of the people appearing before him or her. It is more thorough than most notary declarations and therefore more effective, an important factor in wills and estates.1. Make multiple copies. Give one to each party. Keep one with the Estate file.
What the penalty in Michigan for a notary allowing one person to sign another person signature that is not present?
More information is needed. Was the person who signed in place of the the other, acting as Power Of Attorney for the other person? For more information see below link:
What is mean by duly attested photograph?
Duly attested is by another than you person,one who is in a position to do so, a gov-agency, attorney, bank official, notary. Authenticated by one other than you (witnessed) in the presence of other, (not a friend).
