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July 30, 2019

Legality without Integrity

Filed under: Ken Edelstein — admin @ 2:26 am

Most of my readers are probably notaries, but not attorneys. We have been hammered many times to not practice law. Not so fast, there are many exceptions to that edict. Ken’s nuts, you think; give me a chance to change your mind. To me the illegal practice of law is directing a specific course of action for a specific person or situation. It does not prohibit sharing what is commonly available information. Sometimes, you should share your advanced knowledge.

Eschew doing that POA.

The caller wants me at a hospital to do a POA. I cover the requirements that you already well know. The legality is there. But how about the Integrity? I ask how is the POA to be used? It is to access a bank account and to transfer funds from a brokerage account. So, I ask the caller where they obtained the POA forms, from LegalCrawl on line is the answer. Well, I know that most banks and other financial institutions require their own Power of Attorney form and will accept no other. It would be a fee in my pocket to proceed, but integrity requires explaining that they will need to find specifically which institutions they will go to, and to get their POA forms first. That’s not playing lawyer, that is sharing notary knowledge about how financial institutions work. Don’t print borrower copy, we will send the borrower a copy.

We are not required to read all the forms the borrower will sign. However I know that many forms contain the statement that the borrower received a copy of that document. Worse yet, in some of the requests the borrower would receive their right to cancel way after the passing of the rescission date. I would be following instructions to the letter by not giving a borrower copy. This often happens with buyout of pension and similar situations. Clearly the high ground is to always provide a full copy to the affiant. Sometimes a subset – the borrower copy – is provided that you are told will save you paper! Integrity requires a full set of all papers processed. When you are told it would soon be illegal don’t proceed.

Another POA situation. They were unable to get the Will signed due to witness unavailability. They mention that fact and want POAs to access the very soon to be deceased person’s assets to pay for a decent funeral. Whoa. A POA has no validity when the Principal is dead. They stress that the Principal will be dying tonight, but can sign the Power of Attorney. Thus, the POA would be valid only for a few hours at most. Telling them the POA limitation is what should be done. As they told me the POA would be used after the death of the Principal I decline to proceed. It’s all about sharing knowledge

Obtaining birth, death and marriage certs is time-consuming in New York. Long lines and multiple forms are involved. Sure I process them for a worthwhile fee. But, when the client has a lengthy time window – they are not in a hurry; I provide the cost effective option. An option that cuts me out of earning a fee. I tell them about vitalcheck.com – and that they can order via the internet – if they can wait a few weeks. Tell your clients what you know, get the integrity star next to your name in their file. You might lose the current job, but will be called for the next.

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http://blog.123notary.com/?p=20478

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