Written by Benjamin Kingsley
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Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
When executing a power of attorney (POA), it is generally recommended that the principal (the person granting the power) sign the document in the presence of a witness or notary public. However, the specific requirements for signing a power of attorney can vary depending on the jurisdiction and the type of POA being created.
In many states, a power of attorney must be signed by the principal and acknowledged before a notary public to be considered valid. This means that the principal would need to sign the document in the presence of the notary. The notary then verifies the principal’s identity and witnesses the signature, adding their own signature and seal to the document.
Some jurisdictions may allow for witnesses instead of or in addition to notarization. In these cases, the principal typically needs to sign the POA in the presence of the required number of witnesses (often two). The witnesses then sign the document to attest that they observed the principal signing the POA.
It is important to note that while the principal generally needs to sign in the presence of the witness or notary, the agent (the person being granted the power) does not typically need to sign at the same time. In fact, in many cases, the agent does not need to sign the POA at all for it to be valid, though having the agent sign can help prevent confusion or disputes later.
To ensure compliance with local laws and to maximize the POA’s effectiveness, it is advisable to consult with a local attorney familiar with the specific requirements in the relevant jurisdiction. This can help ensure that the power of attorney is properly executed and legally binding.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.