Question about Durable Power of Attorney

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CindiW said:
OK, but I don't have a PDF app that can type in the names on a form, so is it OK (acceptable) if I handwrite the names in a DPoA? I guess if a notary authorizes it, it should be "OK" by whatever authorities may want to check it.
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Just understand that it will be up to the party whether or not to accept the DPOA whether it is typed or handwritten. Banks, for example, often want you to use their form. So, if you know some of the parties you will be presenting the form to, ask them.
 
Former notary here.

The notary's signature and seal attests to the fact that the signatory has been confirmed to be the person they say they are. It does not "authorize" or make enforceable the contents of the document. If it's enforceable in itself, it's enforceable with or without the notary stamp. If it's not enforceable on its face, the notary stamp does not make it so. The notary cannot mandate that the receiver of the document accept it as is.
 
cbg said:
Former notary here.

The notary's signature and seal attests to the fact that the signatory has been confirmed to be the person they say they are. It does not "authorize" or make enforceable the contents of the document. If it's enforceable in itself, it's enforceable with or without the notary stamp. If it's not enforceable on its face, the notary stamp does not make it so. The notary cannot mandate that the receiver of the document accept it as is.
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As a current notary, I concur.
 
adjusterjack said:
Notaries basically only witness a signature after properly identifying the person signing.
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Just to be pedantic...

A notary doesn't have to actually witness the signature on a document when executing an acknowledgment. Their notarial act only verifies that the (properly identified) person acknowledges that it is their signature on the document. They could have signed it at any point.

EDIT: To be clear, that does not necessarily apply to other notarial acts.
 
Zigner said:
Just to be pedantic...

A notary doesn't have to actually witness the signature on a document when executing an acknowledgment. Their notarial act only verifies that the (properly identified) person acknowledges that it is their signature on the document. They could have signed it at any point.

EDIT: To be clear, that does not necessarily apply to other notarial acts.
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I wonder if that might not be state specific. It's been a lot of years since I let my notary's license lapse because I no longer had any need for it, but I seem to recall in my state that I DID have to witness the signature. Or maybe the law has changed in the interim.
 
Notaries have a register where they have the person sign the register. Even if the document was already signed, the person would still be providing a signature to match the document.

I was a notary long ago and statute or no statute, the person would sign the document in my presence. Full stop.

Simple self-preservation or CYA.
 
adjusterjack said:
Notaries have a register where they have the person sign the register. Even if the document was already signed, the person would still be providing a signature to match the document.
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No argument.

I was a notary long ago and statute or no statute, the person would sign the document in my presence. Full stop.
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In California, you would be violating a statutory requirement. You cannot refuse to perform the notarial act (taking an acknowledgment) simply because it was signed outside your presence.

In Arizona, the Secretary of State's Notary Manual (https://azsos.gov/sites/default/files/notary_manual_and_cover_january.pdf) states that "If a reasonable request is made, a notary public shall notarize a document under the guidelines in this manual. (Page 16), and "A document with acknowledgement language may be pre-signed. However, the document signer must be present for the notarization, and the signer must present satisfactory evidence of identity..." (Page 19)

I don't know if things were different in the past, but the current duties of a notary in Arizona are, substantially, the same as in California and Florida when it comes to this topic.
 
Zigner said:
"A document with acknowledgement language may be pre-signed. However, the document signer must be present for the notarization, and the signer must present satisfactory evidence of identity..."
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Same result. Part of the identification process is sign the register.
 
adjusterjack said:
Part of the identification process is sign the register.
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No, it's not. Signing the register has nothing to do with identification, and there is no requirement that you compare the signatures (although, it is recommended).
 
Jeez, Zigner, I thought I knew better that to get trapped in one of your pedantic arguments ad nauseum. I fall on my sword.

:(
 
So I have another question. I'm finally up to making out a power of attorney. I would like two powers of attorney. Should I or could I have two separate Power of Attorney forms, one for each, or should I/could I put both powers of attorney(s) on one form?
P.S. I finally found a form that I can fill out on my computer. :), specific for the state of Florida.
 
CindiW said:
So I have another question. I'm finally up to making out a power of attorney. I would like two powers of attorney. Should I or could I have two separate Power of Attorney forms, one for each, or should I/could I put both powers of attorney(s) on one form?
P.S. I finally found a form that I can fill out on my computer. :), specific for the state of Florida.
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It depends on what you are trying to achieve. With both POAs have full power to do everything and share that power at the same time? Or is one POA going to take charge and the second one only steps-in when the first one ceases to be an agent. If they are both going to have the power to act at the same time, there needs to be excellent communication between them so that each knows what the other is doing and that they agree with it. Otherwise it can become a mess with each agent running around doing his/her own thing, which may result in actions that are in conflict with each other.
 
Tax Counsel said:
It depends on what you are trying to achieve. With both POAs have full power to do everything and share that power at the same time? Or is one POA going to take charge and the second one only steps-in when the first one ceases to be an agent. If they are both going to have the power to act at the same time, there needs to be excellent communication between them so that each knows what the other is doing and that they agree with it. Otherwise it can become a mess with each agent running around doing his/her own thing, which may result in actions that are in conflict with each other.
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One POA is for OP and one is for her husband. They are not for the same person.
 
I am filling out a PoA form. At the beginning, the form says something like "I,________, the principal, of ___________, state of ____________," etc. My question is after it says "the principal of ______," state of ______________," after "principal of," and before state of ______, should I put the county, town, or exact address of the principal there? Also for the designated Power of Attorney? In other words, do I put the mailing address or the county or the municipality? Thanks.
 
I'd suggest asking whomever gave you the form. If it's just some random form you found on the internet, see if there are directions on the site where you found it. If you're not sure, find another form that is more clear.
 
Sorry thanks for the help. I've been once again threatened by the power(s) that be that I could be BANNED FOR LIFE because I didn't think I should add my last question to this thread, so I'll just say sayonara to you all, have a good one and thanks for your opinions. Bye.
 
Thread closed....

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