Power of Attorney is a legally binding document that grants a specified person power over his or her assets, and/or medical decisions in the event the individual is incapacitated. If an individual falls into a coma due to illness, for instance, the person to whom he or she provided power of attorney will have the authority to make medical decisions on their behalf. Due to its sensitive nature, most states require this type of document to be notarized by a POA Notary before its made official.
Notarizing a Power of Attorney
While notary publics are generally prohibited from drafting power of attorney documents, they can still notarize them – assuming they follow their respective state’s laws. Some states only require the principle’s signature to be notarized, while others require either the principle or a witnesses signatures to be notarized. Whether you plan to give or receive power of attorney, you should familiarize yourself with your respective state’s laws regarding notarization of this document.
Notarizing a power of attorney document is pretty much the same as any other document. The notary public verifies the signer’s identify and observes as a he or she signs the document.
If a notary is either the principle or agent of a power of attorney, he or she is generally prohibited from notarizing the document. This is a direct conflict of interest, and most states explicitly prohibit this type of behavior.
At Thomas Services we visit Hospitals, Hospice, Jails and other institutions. Needing a Power of Attorney to be notarized can be a difficult time for any family. Call us directly with any questions or concerns and we can walk you through the process.