For example, in Mississippi, the power of attorney document must be signed in front of a notary. [2] X Research source In New Hampshire, signing in front of a notary is not required. [3] X Research source You can find out whether your state requires notarization for a power of attorney document on the website USLegal. com. [4] X Research source Even if your state does not require you to notarize a power of attorney, doing so may limit eventual challenges to the document. If notarized, there can be no question that the signatures on the document are valid.
It may be easiest to find one specifically designed for use in your state. Many states provide power of attorney forms online. You can also find forms via websites such as USLegalForms. com. Often, a power of attorney is specific for the situation. For example, a financial power of attorney allows the agent to make decisions regarding the principal’s finances, but does not necessarily grant power to the agent concerning health care decisions. A general power of attorney is less specific and allows the agent to make all decisions on behalf of the principal.
The “springing power of attorney” only grants power to the assigned agent after a certain event. For example, a power of attorney document could grant authority to someone after you are incapacitated by injury or an accident. A “durable power of attorney” goes into effect either immediately or from a specified date onward. The agent does not need to prove your incapacity in order to act on your behalf.
It must clearly identify the principal (the person who is granting the power). The document should use the full legal name of the principal. It must identify the agent (the person who is granted specified powers). The document should include the full name of the agent. The form should stipulate exactly what authority the principal is handing over to the agent. For example, the principal could hand over only financial authority to the agent (the power to control the principal’s bank accounts) or health care decision making authority (so the agent could make health care decisions on behalf of the principal). The document should be clearly titled “Power of Attorney. ” It should include the date at which the power will go into effect or the circumstances (such as the incapacitation of the principal) that will cause it to be enacted.
An attorney can review the document at any time, but it will require notarization again if changes are necessary. You may be able to save time by having it examined before a final copy is notarized.
Once you have located a notary, you may want to make an appointment before going in, to make sure that the notary has time to answer any questions. However, an appointment is usually not required. Banks often offer notary services to their customers free of charge. Many post offices and mailing centers keep a public notary on staff. If you have the power of attorney prepared or reviewed by an attorney, it may be possible for the law firm to notarize the document.
Make sure that both the agent and principal bring their identification (drivers license or another photo id) to show the notary. This will enable the notary to verify the identities of the parties.
