![]() If the durable power of attorney is signed by two witnesses rather than a notary public, the witnesses must be adults and cannot include the attorney-in-fact representing the principal.Ī power of attorney form can incorporate any type of transaction that the principal wishes to have administered by the attorney-in-fact. The power of attorney is signed and acknowledged before a notary public or is signed by two witnesses. The general rule is the Special Power of Attorney need not be notarized to be valid but the effect of the notarization of a private document like an SPA is to convert the said document into a public one and renders it admissible in evidence in court without further proof of its authenticity and due execution. ![]() The power of attorney must be signed by the principal or by another adult in the principal’s presence and under the direction of the principal.Utah requires notarization with no witnesses necessary, while Washington state law requires only the signature of the principal the. The power of attorney must contain the date of execution. States such as Florida require that a financial power of attorney be signed by two witnesses and also notarized, whereas Georgia only requires two witnesses unless the use of the POA involves real estate. ![]() The Power of Attorney Law provides that any "natural person having the capacity to contract may execute a power of attorney." If the power of attorney is to spring on the event of the principal’s incapacitation then the wording from the second statement should be used. The notary public is a representative of the state. A power of attorney that is needed to be effective immediately upon signing should use the wording from the first statement above. A power of attorney needs to be signed in front of a licensed notary public in order to be legally binding. The specific wording should be used depending on the specific situation of the principal and what type of durable power of attorney is required. For a more user-friendly experience, you can try Nolos Quicken WillMaker & Trust, which guides you through a series of questions to arrive at a POA. Maryland offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA.
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