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April 30, 2019

Power of Attorney in Jail or Prison

Filed under: Hospital & Jail Signings — admin @ 10:11 am

Power of Attorney in Jail or Prison

The most common documents to be signed in a jail are title documents to cars, or power of attorney documents. Please be advised that a Notary may not draft or give advice on documents unless they are authorized to do so by also being an Attorney, or in a legal support profession that is authorized to give legal advice. I do know personally know who other than Attorneys can draft documents, so ask an Attorney.

Many banks have their own power of Attorney forms. So, please be sure you are having the inmate sign the correct power of attorney that will be acceptable to your bank or whomever the document custodian is.

As always, please consult an Attorney before you decide which type of legal document to use, or draft a legal document such as a Power of Attorney.

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March 16, 2019

Wells Fargo Power of Attorney Form

Filed under: Power of Attorney — Tags: — admin @ 9:59 am

Please be informed that banking power of attorneys are complicated and have issues. For an accurate opinion or accurate guidance, you need to consult Wells Fargo as well as an Attorney.

Attorneys typically can draft up fancy Power of Attorney documents, often at great expense. Their guidance is irreplaceable. However, banks typically have their own Power of Attorney forms and require the use of their forms.

Additionally it is possible that Wells Fargo might have its own rules for who can be an agent in a Power of Attorney, and also might restrict the rights and privileges of the person who is the Attorney in Fact. I read online that you cannot use online banking if you are an Attorney in Fact for a Wells Fargo Power of Attorney Form. However, I cannot vouch for the truthfulness of that statement as it might be outdated or false.

Banks will want to see the Power of Attorney and identification before allowing the Attorney in Fact (grantee or agent) the right to access an individual’s account.

How do I get a Wells Fargo Power of Attorney Form?
Once again, please contact Wells Fargo customer service.

.

Other Links:

Legal Zoom Banking Power of Attorney Information
https://info.legalzoom.com/gain-access-bank-accounts-power-attorney-25538.html

Finding out your Power of Attorney is powerless — NY Times Article
https://www.nytimes.com/2016/05/10/health/finding-out-your-power-of-attorney-is-powerless.html

How do you get a Power of Attorney document?
http://blog.123notary.com/?p=20785
Power of Attorney (string of blog entries)
http://blog.123notary.com/?tag=power-of-attorney

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February 12, 2019

Parties involved in a Power of Attorney

In a Power of Attorney there are a handful of parties that could be involved.

Attorney
This is the person who hopefully is supervising you in the Power of Attorney creation, drafting and notarizing process. It is not recommended to engage in this process without professional leadership from an Attorney specializing in whatever you are doing.

Grantor
The Grantor is the person giving powers to someone else. He is also called the Principal signer.

Principal
The Principal is the entity signing the Power of Attorney to give powers to another party namely the Grantee, Agent or Attorney in Fact

Agent
The Agent is the party who has been given special powers by virtue of the fact that the Power of Attorney was signed

Attorney in Fact
This is a more formal term for Agent, or the person who receives rights, privileges or powers after the signing of a Power of Attorney

Grantee
The party once again who receives rights from the signing of a Power of Attorney who is only called a Grantee in the document itself but called an Attorney in fact or Agent in real life.

Notary Public
The party who notarizes the Power of Attorney. The Notary act most appropriate for this type of document would be an Acknowledgment.

Custodian
The party who holds on to the Power of Attorney is called a custodian. This might be a bank, financial bureau, county clerk, attorney, or other entity or entities. There might be more than one entity holding on to a Power of Attorney.

You might also like:

How do I get a notarized power of attorney?
http://blog.123notary.com/?p=18909

Power of Attorney of the future
http://blog.123notary.com/?p=18948

Living Will vs. Medical Power of Attorney
http://blog.123notary.com/?p=18966

Index of posts about power of attorney
http://blog.123notary.com/?p=20255

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February 11, 2019

Certifying a Power of Attorney

In certain states, a Notary can certify a Power of Attorney. It is called a California Copy Certification of a Power of Attorney.

You need a specific NNA form for this Notary act.

The certificate form has room for the state, county, date, and a statement.

I certify that the attached document is a true, complete, and unaltered copy of a power of attorney presented to and examined by me on this date by (name of person presenting the document.) Under section 4207 of the California probate code.

Then the Notary should write in his/her name and sign, plus affix their official Notary seal.

People very rarely get this act done, but it is possible.

You might also like:

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Index of Posts about Power of Attorney
http://blog.123notary.com/?p=20255

How do I get a notarized Power of Attorney?
http://blog.123notary.com/?p=18909

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December 10, 2018

Banking Power of Attorney Form

Filed under: Power of Attorney — Tags: , — admin @ 9:57 am

Please be advised that you should consult an Attorney and your bank before attempting to get a Banking Power of Attorney Form drafted or notarized. Many banks have their own form and require the use of their own form. If you do not comply with all of the regulations of your bank, you may find that your power of attorney is rendered powerless and is reduced to being just a piece of paper. Also be advised that the powers granted to the Attorney in Fact may be limited and may or may not include online banking or other privileges.

How do I get a banking power of attorney notarized?
Just find a Notary on 123notary, and they can come to your home, office, jail cell or hospital to get your power of attorney notarized. They will charge you a mobile fee as well. Please make sure the signer has a valid and current government issued photo identification card.

Where can I get a banking power of attorney notarized?
You can also go to your local bank to get your banking power of attorney notarized.

Can the Notary explain the banking power of attorney to me?
Notaries may not draft or explain legal documents unless they are specifically authorized to do so by also being an Attorney or perhaps in a legal profession that authorizes them to do so. Please ask an Attorney all your questions and just have the Notary notarize.

You might also like:

Bank of America Power of Attorney Form
http://blog.123notary.com/?p=21327

How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785

Index of Posts about Power of Attorney
http://blog.123notary.com/?p=20255

The Power of Attorney was rejected by a bank
http://blog.123notary.com/?p=6368

Wells Fargo Power of Attorney Form
http://blog.123notary.com/?p=22125

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September 2, 2018

Bank of America Power of Attorney Form

Please be informed that banking power of attorneys are complicated and have issues. For an accurate opinion or accurate guidance, you need to consult Bank of America as well as an Attorney.

Attorneys typically can draft up fancy Power of Attorney documents, often at great expense. Their guidance is irreplaceable. However, banks typically have their own Power of Attorney forms and require the use of their forms.

Additionally it is possible that Bank of America might have its own rules for who can be an agent in a Power of Attorney, and also might restrict the rights and privileges of the person who is the Attorney in Fact. I read online that you cannot use online banking if you are an Attorney in Fact for a Bank of America Power of Attorney Form. However, I cannot vouch for the truthfulness of that statement as it might be outdated or false.

Banks will want to see the Power of Attorney and identification before allowing the Attorney in Fact (grantee or agent) the right to access an individual’s account.

How do I get a Bank of America Power of Attorney Form?
Once again, please contact Bank of America customer service.

.

Other Links:

Legal Zoom Banking Power of Attorney Information
https://info.legalzoom.com/gain-access-bank-accounts-power-attorney-25538.html

Finding out your Power of Attorney is powerless NY Times
https://www.nytimes.com/2016/05/10/health/finding-out-your-power-of-attorney-is-powerless.html

How do you get a Power of Attorney document?
http://blog.123notary.com/?p=20785

Power of Attorney (string of blog entries)
http://blog.123notary.com/?tag=power-of-attorney

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June 22, 2018

How do you get a Power of Attorney Document?

I run a Notary directory, and people who hire Notaries often have Power of Attorney documents of various descriptions. It is important to understand that not all Power of Attorney documents were created equal and there are legal standards as well as preferences of the document custodians that need to be taken into consideration.

Legal Considerations
Legally, you probably need to consult an Attorney to figure out what rights to grant to another person (grantee) and under what circumstances and what legal language to grant such powers. I cannot assist with this because I am not an Attorney, and even if I were, I would probably not be practicing in your state.

Document Custodian Considerations
Document custodians are another party that you have to please with Powers of Attorney. A document custodian is the party that accepts your document. For example, if you get a POA for a particular bank, they will want a Banking Power of Attorney done their way which often means using their forms and not some form you got at a stationary store that looks equally good to you. The custodian has the right to choose what type of form they want in many instances.

Recording Documents
I am not an Attorney and do not know if/when/how/why Power of Attorney forms are recorded at your county’s county recorder. But, find out if you need to record it in their files ahead of time. There is normally a fee for this and it involves a visit to a government office, standing in line, not knowing what room to go to, etc.

Types of Powers of Attorney.
There are Medical Powers of Attorney, Durable Powers of Attorney where you can switch powers on an off sometimes, Banking Power of Attorney documents, and Limited Powers of Attorney as well. Living Wills are yet another specialized type of Medical Power of Attorney that deal specifically with what happens if the Grantor becomes incapacitated or is unable to make their own decisions while bedridden, etc.

Drafting of Documents
Normally, it is a good idea to consult with an Attorney before creating a Power of Attorney. Since it is a legal document, you cannot have any old person draft it for you. It should be an Attorney, or someone legally authorized to draft documents which rules out most Notary Public practitioners. Banks normally use their own forms, so ask the bank what form they require. Additionally, there are legal support firms who employ Legal Assistants, Paralegals, and a few who outsource low paying legal work to New Delhi where they do a very good job at a third of the cost. You can ask these types of agencies what they recommend and who is authorized to draft your document. Your best bet however, is an Attorney if you can afford it. Even if the Attorney doesn’t draft the document him/herself, at least he/she is supervising and taking responsibility for it which makes it potentially a lot safer for you to get a quality output.

Notarizing Documents
Any commissioned Notary Public can notarize your document in their state of commission. Please do not expect or ask the Notary to explain or understand any legal document. Non-Attorney Notaries may not give specific interpretations or explanations of documents other than general statements (in certain states) about what the document is generally about with no specifics mentioned. The Notary’s job is simply to check your ID, make sure you signed the document, the journal (required in most states, recommended by us in any state as that is your only written evidence of the notarial transaction), and fill out certificate forms that correspond to your document.

Legal Technical Terms
If you are creating a Power of Attorney, there is a lot of legalese which an Attorney can help you understand. The main terms are:

Grantor — the person giving power to another
Grantee — the person receiving special powers from the document
Agent — another name for the person who receives power and can complete tasks for the Grantor.
Principal — the main person signing the document who is the Grantor by definition.
Attorney in Fact — the most commonly used term for the agent / person receiving power of attorney.
Capacity — If you have special powers or a special position in a company, that can be described as a capacity. Being an Attorney in Fact or AIF is considered a capacity that can be indicated on certain Notary forms.

Signing in your capacity as Attorney in Fact.
There are eight ways that I have seen to sign as an Attorney in Fact. Please be advised that the particular verbiage is very particular and can be decided by an Attorney or document custodian. If they want it one way, and you sign with even one comma out of place, the entire document might be rejected and need to be resigned. Here are some common ways to sign, but ask your contact person before you sign anything, as the verbiage does matter.

John Smith, as Attorney in Fact for Sally Smith
Sally Smith, by John Smith, her Attorney in Fact
John Smith, POA for Sally Smith
John Smith, AIF for Sally Smith

Summary
In some of these variations, the signer signs the name of the other person (which I am not comfortable with) and then describes their capacity. In other variations, you sign your own name, and then indicate your capacity after a comma after your name. As always, I cannot and will not give legal advice, so, ask an Attorney before you have a Power of Attorney drafted, and before you sign the document and before you sign in your capacity as Attorney in Fact.

If you need a Mobile Notary Public, visit the advanced search page of 123notary.com and lookup by zip, city or county and find about 7000 Notaries Public nationwide, many of whom are very knowledgeable and experienced.

Good luck!

.

You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

Power of Attorney of the Future
http://blog.123notary.com/?p=18948

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

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May 6, 2018

Index of Posts about Power of Attorney

Filed under: Power of Attorney — Tags: , — admin @ 2:08 am

Power of Attorney – types often created
http://blog.123notary.com/?p=6732

How do I get a notarized Power of Attorney?

How do I get a notarized Power of Attorney?

Notary processing mistakes on Powers of Attorney
http://blog.123notary.com/?p=18958

The Power of Attorney was rejected by a bank
http://blog.123notary.com/?p=6368

POA – Proceed on Alert
http://blog.123notary.com/?p=14661

Notarized Power of Attorney
http://blog.123notary.com/?p=9862

Who are the parties involved in a Power of Attorney?
http://blog.123notary.com/?p=6738

Power of Attorney and verifying capacity.
http://blog.123notary.com/?p=2632

The switching durable power of Attorney
http://blog.123notary.com/?p=19294

Submitted as a double credit document
http://blog.123notary.com/?p=18960

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July 4, 2017

The “Switching” Durable Power of Attorney

Filed under: Ken Edelstein — Tags: , — admin @ 9:23 am

Durable – this means the Agent “Might” have authority at any given moment. Unlike the regular Power of Attorney, the “agency” relationship (not the specific powers) between the Principal and Agent (can) switch on and off. The status can be elusive, as it is/might be based on incapacitation of the Principal to manage their own affairs. And, specifically how the Power of Attorney is worded. It becomes even more interesting when the variations of the Durable are considered. Note: these variations are usually not in the title; the devil is in the details. Also note: I have never seen the word Switching used in the title of a real POA; that’s my term.

Even When I’m Sick – Durable in this variation continues the agency relationship when the person becomes incapacitated. Unlike a regular POA, this maintains agency even when the Principal is unable to revoke the Agent authority. This is the format that I have most commonly seen. It generally takes effect upon notarization of both the Principal and the Agent. It is “durable” in the sense that it maintains agency, thru incapacitation until revoked.

Not Now, Maybe Later – In this variation the agency relationship does not exist when the Principal signs the document. The objective is to establish agency when the Principal is no longer a valid subject for notarization – incapacitated. Clearly at the moment of notarization; the Principal cannot be incapacitated. It may look like a “ready to use POA”, but Agent has no authority while the Principal is able to manage their own affairs, IF it is written that way. Contrast with the regular POA which establishes the agency relationship (Agent has authority) – immediately.

The Notary Point of View – the internal wording of the Power of Attorney, Durable or not – does not concern the notary. What it says, or does not say; is of no concern to me. The usual criterion for us to notarize a signature applies, regardless of the wording. Perhaps a bit more so, as POA documents are potential vehicles for mischief. Care should be taken with IDs and that there is no intimidation.
The Acceptors Point of View – So many nooks and crannies, it could be difficult to establish a current agency relationship, and Agent’s current authority. Perhaps that is why many banks insist upon only accepting their own POA document. Usually? There is no usually, the acceptor will probably need an Attorney and some research to determine current validity. It may be titled “Durable Power of Attorney” but if the fine print says it’s only valid when (and that when can be a moving (off and on) target) the Principal is incapacitated – is it valid when presented?

A POA form may look “routine” – but the notary steps over the cliff if they “explain” it. I am not an attorney, nor can I relate how this document applies to your situation. Or, in the very unlikely situation can I advise the acceptor as to acceptance. I can only say that the signatures were notarized following all applicable laws. That’s it.

Due to the potential for fraud and litigation, many are the local (to me) notaries who decline to process any Power of Attorney documents. We are not required to read or understand the contents of documents we notarize. Apply the basics, to the letter – if it feels “bad” run away.

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April 13, 2017

The Power of Attorney was Rejected

Filed under: Ken Edelstein,Popular on Facebook (shares) — Tags: — admin @ 9:15 pm

Booking the Job
It’s all too common for the public to think of notaries as being sources of free legal advice. “But you know so much more about these things than we do”. And, more to the point: “Will this Power of Attorney allow me to access the safe deposit box?” The first statement was flattery, hoping to “open the notary up a little”, the second an invitation for you to provide a legal opinion. I keep reflecting on the words of the Chief Clerk at the New York County Clerk office. “You check the ID, give an oath, and notarize nothing more”. Foolishly, I asked a “can I also” question. “If you don’t understand – nothing more – perhaps you should hand in your commission now”.

Recalling the stern admonition from the Chief Clerk, I tell my client that I am not permitted to answer their question. What I can do is check the Power of Attorney to see that the Principal, Agent, Monitor and Successor Agent areas are completed correctly. I can also check to see if specific powers were initialed correctly. As a professional notary, I add embossing to each notarization, a requirement for use in some jurisdictions and courts. Of course my clients blithely ignore my words. They again ask: “Will this Power of Attorney allow me to access the safe deposit box?”

The question falls under the “suitability for use” category. Will what I have do what I want? My consistent answer is first “I don’t know” and second: Only the ultimate recipient is able to answer that question. That entity, be it person or organization makes that decision. I can proceed now to notarize the Principal and the Agent (there were no Monitors or Successor Agents). Or, you can submit the blank Power of Attorney form to the “ultimate recipient” and ask them if your submission will accomplish the purpose you intend. As is usually the case; my client did decide to go ahead with the Power of Attorney they downloaded from the Internet.

Processing the Job
Fee was collected prior to meeting in the reception area of the prison. The incarcerated was to be the Principal, my client the Agent. I had mentioned the need for proper ID with my client; he showed me two driver licenses. One was his, the other for the prisoner. We proceed with the facility entry procedures; only carrying into the secure area the Power of Attorney and a pen. About an hour and a half later, Power of Attorney properly notarized for both Principal and Agent; after we retrieve personal property from the check-in lockers. They really don’t like an embosser going into the facility.

Aftermath (failure)
As related to me by my client: The safe deposit box clerk sent me to see an officer. Sorry, that form is not acceptable to the bank. We have our own Power of Attorney form and its use is required. I see you had it notarized, however, the wording does not meet bank requirements. Just a moment, here it is; this is the form you need to complete and have notarized. That clearly was not what my client wanted to hear. The prison is located two counties north of Manhattan.
So, what went wrong? As is often the case, there was blame enough for both of us. The client assumed a Power of Attorney is a Power of Attorney; any of them will do anything. I was only told that notarization of a Power of Attorney was required at an upstate prison. With my mind on the ID issue, I did not press for how the document would be used. It seems “a bit much” to ask the Agent what powers were to be granted by the Principal. I “could” have asked “how would it be used”? It ended up as a redo, I lowered to 2/3 fee; supposedly with the right Power of Attorney form, from the bank; all went well.

.

You might also like:

How do I get a notarized Power of Attorney?
http://blog.123notary.com/?p=18909

Basic info about Affidavits of Support
http://blog.123notary.com/?p=17528

Cross out and initial or get a fresh form?
http://blog.123notary.com/?p=19933

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