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power of attorney for notarized signature?


sgull's Avatar
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01-17-17, 11:13 PM   #1 (permalink)  
power of attorney for notarized signature?

My mother-in-law needs to submit an updated testamentary disposition form (stock will) to a corporation of which she owns some stock stares. The completed form must be notarized to be valid (signing of the form by my mother-in-law witnessed by the notary who certifies in the notary block that the form was signed freely and voluntarily for the uses and purposes therein described). However, my mother-in-law happens to be rather home-bound due to her health issues and it is a lot of trouble for her to get out and about to get to a notary for this purpose. My question is whether the person who holds durable power of attorney, of which also specifically includes transactions for any stock shares etc, would be able to take the completed/signed document to a notary for her, and whether the notary could/would notarize the form (with power of attorney document also presented to the notary)? Any comments/advice appreciated.

 
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01-17-17, 11:25 PM   #2 (permalink)  
I don't know the exact answer to your question re: the power of attorney.
But I do know you can get a notary to come to your house.

Several people I know, my sister included, have gone to people's houses.

Call your local library and ask them if they know of one that can stop by.


~ Pete ~

 
sgull's Avatar
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01-17-17, 11:39 PM   #3 (permalink)  
Thanks PJ I'll check. If there's one that can stop by that would be an easy/sensible solution.
Still though, I remain curious about my power of attorney inquiry, if anyone else might have input about that.

 
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01-18-17, 03:53 AM   #4 (permalink)  
The document must be signed in the presence of the Notary Public, so having it signed ahead of time won't suffice. As long as the person is able to sign their name, the power of attorney won't help any. Not sure if that answered it or not.

 
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01-18-17, 05:30 AM   #5 (permalink)  
I've been a Notary Public for a few decades, and still get people who I don't know, stopping by asking me to notarize documents. I might witness a Power of Attorney executing a document "IF" they sign it as the POA, and I've seen the Power of Attorney . . . . but the party who is expecting the Principal's Signature may not accept a POA, and depending upon the circumstances, should not.

Or I'll have people expecting me to witness their signatures on items that they've already executed. I can't do that; and I don't care that you may have to have the wasted documents re-created at a cost.

It seems so simple; but in this role, I'm expected to verify the identity of the person executing the document, and that they are not under any duress or external pressure to perform.

I carry Errors and Omissions Insurance to protect me if I make a mistake and fail to properly identify the individual, but that only covers me for $25,000, and the Deductible is a hefty $5000 . . . . which is quite a bit for a Fee which might be a mere $5.00 - $25.00! And the loss could amount to hundreds of thousands, that I'm on the hook for . . . . the liability is really unlimited, and I certainly can't take the time to research how much it might be in order to price the exposure I'd have.

It's recommended that we collect "thumbprints" of the people making an appearance as the individuals on the documents; and also collect sample signatures . . . . and do an in depth comparison of previous documents that the individual has signed with their current signature. I'm not a calligrapher or a hand-writing expert. Especially when it is understood that many signatures aren't much more than a drawn out scribble !

Over 10 years ago, I had a Stranger show up with his Girl Friend, and he actually expected me to witness his Girl Friend signing various Divorce Documents as if she were the soon-to-be Ex-Wife ! What's in these various documents that I process is none of my business . . . . only that the identity of the individual executing them has been made known to me and tat person is considered publicly notorious. I had to turn this couple away ! . . . . but they may have found someone ?

That was over 10 years ago; but now, with the business of Identity Theft becoming a full fledged industry, I have to be extremely picky . . . . even with people who I thought I knew. Being a Notary Public is becoming a courtesy, and a public service which I really can't afford to perform any longer.

That's my 2

 
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01-18-17, 07:20 AM   #6 (permalink)  
I've only had to use the services of a notary public a few times, primarily when buying or selling a house and those times the notary was the escrow agent handling the closing process. Any fee was rolled into the cost of the settlement process.

Other times have been when I needed a signature guarantee for transferring stock from a joint account to my soon-to-be former wife and when challenging some erroneous charges on a credit card. Both of those times were handled by a notary public at my credit union (two different credit unions) with no fee charged.

In all cases I had not known the notary prior to the event and they all required me to show a photo ID (my driver's license) as part of the process.

When my mother was confined to a nursing home I used my PoA to pay her bills from her checking account. I did have to show the PoA agreement to the credit union (which probably photocopied it) prior to writing the checks and I added PoA after my signature. I never had any trouble with this action. When I sold her house, after her death, it was as executor to her estate and again I had zero problems.

 
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01-18-17, 09:29 AM   #7 (permalink)  
The document must be signed in the presence of the Notary Public, so having it signed ahead of time won't suffice. As long as the person is able to sign their name, the power of attorney won't help any. Not sure if that answered it or not.
^Yep that answered it. Thanks.

the party who is expecting the Principal's Signature may not accept a POA, and depending upon the circumstances, should not.
^Then will not even bother further considering going the POA route, at all.

Thanks for all the helpful comments.

 
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