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May 21, 2014

Notarized Power of Attorney

Filed under: Power of Attorney — Tags: — admin @ 10:28 am

How do I get a notarized Power of Attorney?

It is a common thing to need a Notarized Power of Attorney. The problem is that many people don’t know where to go for help. Step one is that you need an actual Power of Attorney. Be careful. If you have the wrong Power of Attorney form, it might not be acceptable to whomever the custodian of the document is, or to the courts. I am not an Attorney and can’t advise you, but I suggest you consult an Attorney first to draft a Power of Attorney for you.

Step 1.
Get your Power of Attorney drafted by an Attorney or someone who your Attorney recommends.
If you use a standardized form from an office supply store, make sure you get it all filled out before calling the notary.
You will need to have an Attorney in Fact (Agent or Grantee,) a Grantor, and you need to specify what powers you are granting, and for how long, and under what conditions. It’s complicated and critical, which is why you need an Attorney at $200-$400 per hour!

Step 2.
Find a notary. Any notary can notarize a Power of Attorney. They can also notarize a Durable Power of Attorney, or notarize a Health Care Power of Attorney. Some states even allow the Notary to make certified copies of a Power of Attorney. 123notary offers a wide selection of mobile notaries who can come to your home, office, hospital room, or jail cell and get your Power of Attorney notarized. Make sure you have current photo-ID from a government agency.

Step 3.
Once your POA is notarized, you might need to submit it to a particular party, or have it registered somewhere. Ask your Attorney. Keep in mind that banks often have their own forms for Banking Power of Attorney which are often very simplified forms on card stock which would be significantly below the standards of an Attorney. But, if it is for their bank, they have the right to request any type of form they like. Just make sure your Attorney doesn’t object too terribly much. It’s complicated! Be prudent and consult the right people and Attorney before making your decision what to do.

Final Note
Don’t ask legal questions to Notaries. First of all, they are not trained to answer legal questions. Secondly, they are not allowed by law to answer legal questions. Get your legal questions out of the way with your Attorney before you make your initial call to the notary. Nothing is worse than keeping a notary on hold while you resolve issues that a responsible person would have resolved long before they called in a notary! Additionally, don’t ask a notary to draft documents unless they are authorized to do so based on some other qualifications they might have that are separate from their notary commission which does NOT authorize them to draft any legal document in most states.

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2 Comments »

  1. Thanks for these informative article.Power of attorney serves a lot of purposes and you can never really tell when you will need one, so it is great that you shared this step-by-step process on getting one.

    Comment by Louise | Philadelphia Estate Planning Law Firm — May 21, 2014 @ 11:45 pm

  2. Louisiana Notaries Public are Civil Law Notaries, and as such are authorized to draft any document in writing for their clients. Louisiana Notaries can give Notarial Advice but not legal advice, meaning that a Louisiana Notary can assist you in preparing any document, including Power of Attorney. If you are in Louisiana contact a notary to assist you with your Power of Attorney or other legal documents.

    Comment by Robert G. Gostl — June 9, 2014 @ 2:20 pm

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