Power of Attorney Notarization

Power of Attorney Notarization

A power of attorney (POA) can be made more enforceable by being properly notarized.

Read the following as our mobile notary Oregon describes what a power of attorney is and how to notarize one:

What does power of attorney mean?

Simply put, it’s a legal agreement that gives one person authority over another person’s real estate transactions, legal decisions, assets, and medical decisions in the event that they are unavailable or incapable of doing so.

Two persons are necessary for a power of attorney to continue to be enforceable: the principle, who signs the document, and the agent, also known as the attorney-in-fact, who is the power to act on the principal’s behalf is granted.

In the majority of states, a power of attorney gives an agent the authority to assist the principal with financial decisions (such as managing real estate and bank accounts) and healthcare decisions (such as end-of-life medical treatment).

A power of attorney can either go into force immediately or at a future date (such as when the principal becomes physically or mentally incapacitated). The power of attorney is automatically removed upon the death of the principal. An agent could be a lawyer, an acquaintance, or a relative. A person cannot act as an agent if they have an unresolved bankruptcy on their record or have filed for bankruptcy. Additionally, the agent cannot work for, own, or operate a nursing home or extended-care facility where the principle is a resident.

Making a power of attorney notarized

The state determines how to notarize a power of attorney. While some jurisdictions merely require the principal’s signature to be notarized, others also call for either a witness’s signature or a principal’s signature (or both) to be notarized. Therefore, get knowledgeable about the regulations governing the notarization of documents in your state.

It is generally forbidden for a notary to notarize a document if they are the principal or the attorney-in-fact. Notarizing a document in this situation would be a clear conflict of interest, which is something that most states expressly forbid.

Creating a power of attorney

Most states mandate that a professional attorney with an active license create a power of attorney in order to protect all parties involved. The drafting attorney shall ensure that the contents of this document are true and correct to the best of the drafting attorney’s knowledge.

The notary’s function in the procedure is in contrast to this. When a document is notarized, the notary public confirms the signature of the named individual on the document in their presence, rather than attesting to the contents of the document.