Power of Attorney Archives - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

August 16, 2016

Hospital Notary Jobs

Hospital Notary Jobs

Hospital visits present the greatest personal risk, even greater than jail visits. When you visit a prison the staff knows your personal safety is their responsibility. At a hospital you are virtually ignored. The passing of infections is an obvious key issue; both ways. If you have the slightest contagious aliment it’s best to avoid hospitals. Two main reasons: your personal defenses are reduced, and you can infect a patient, potentially with dire consequences. Most of the NY hospitals that I go to have both facemasks and hand sanitizer at the entrance. Use both, also press the elevator button with a pen; generally avoid touching things. If you ask someone they will usually give you a pair of thin rubber gloves – additional protection.

Hospital visits should always be prepaid. You should stress the potential problems and frankly inform your caller that the risks are theirs. Your fee is earned when you to go to the facility and notarize if you are permitted to do so. There may be objections by the facility, ID issues, access limitations, ability to sign, ability to understand, etc. There is a good chance your client will be named as Agent on a Power of Attorney. Persons obtaining POA authority are quite willing to pay mobile notary fees; and have a great interest in obtaining the notarized document. Though their interest is irrelevant to your go/nogo decision; it’s worth mentioning. The majority of hospital POA jobs are, in my experience; for loving, concerned relatives who want to help. Of course some wish to exploit the afflicted – it’s virtually impossible to derive their true motivation.

But, your job is to notarize, if you feel doing so would be morally and legally proper. Hmmmm, just where did morally enter into the law? There are (at least in NY State) some “judgment call” aspects. Do I feel that the affiant understands the document and consents to it? Did the ID meet the standard of “adequate proof” – perhaps the photo on the license was a long time ago. Let’s continue with your approval of the situation.

You don’t know and will not be told what their affliction is. Sometimes there will be a “facemasks required” sign on the door. You should be wearing your facemask during every visit. Also take care about having the patient use your pen. Consider leaving it in the room, or at least giving it a good wipe with the hand sanitizer, there are usually several on each floor. Usually someone else is in the room. Show them where the patient needs to sign and stay a few feet away. But, you still need to witness signing a Jurat and need to administer an oath. They can bring the document to the patient while you observe. Just be sure that “they” do not sign for the patient!

Back to your fee. Some make payment on the web site with a credit card. Others prefer to pay with cash. Cash should be collected in the lobby if possible, or call your client out of the room and settle the finances first. Recall that you carefully covered all of the possible impediments to being able to notarize. Your “payment first” policy should have been carefully covered by phone prior to any travel, when accepting the assignment. Similar to prisons, things tend to move slowly in a hospital. You may have to wait while bedding is changed, test administered, etc. My basic notary fee at a hospital is half again what the fee would be for an office or home visit. Stress openly and honestly that all “risk” is on their side – you will do the job if conditions warrant, and total legality.

.

You might also like:

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

Hospital Signings
http://blog.123notary.com/?p=3764

Share
>

June 8, 2016

The right to refuse notarization

I just talked to a client who said that she needed to be notarized. The guy at the mail boxes place required a thumbprint for a California notarization that was not for a Deed or POA. The law doesn’t require a thumbprint unless it is for a Deed or Power of Attorney. So, the client of mine (also a Notary, but not “the” Notary in question here) refused, and was denied Notarization.

I checked the 2016 California State Notary Handbook to verify whether or not the Notary has the right to decline if they are not comfortable with the situation regarding a notarization. For example, if the signer seems suspicious, may the Notary refuse to notarize? If the signer refuses to be thumbprinted, and the Notary refuse?

The handbook doesn’t say if the notary may refuse under special circumstances, but states that it is illegal for a Notary to deny services. Hmmm.

If the document contains blanks, or if the Notary cannot communicate with the signer, those are grounds for refusal to notarize. If the signer cannot be positively identified, that is also grounds. If there is a financial or beneficial interest for the Notary to notarize a document, yet another legitimate reason not to notarize.

But, back in the days when I was a Notary, I remember reading that a Notary could refuse to notarize if they had a funny feeling about the notarization. Is that just an antiquated guideline, or was it something published by a source that was not reputable or official? Hmmm.

What does your state say about the Notary’s right to refuse notarization?

.

You might also like:

Are you a Yes-tary or a No-tary?
http://blog.123notary.com/?p=16626

Nobody wanted the Notary job
http://blog.123notary.com/?p=16469

Share
>

April 20, 2016

Artificially inflated rates at a signing

My rate shouldn’t be this high!
I had a loan signing once for a lady where I looked at the documents and the interest rates printed seemed unusually high. Before I had her sign the papers, I asked her what the loan officer had told her, and she couldn’t remember what the interest rate was that she had been told. She rummaged around in her purse and found a slip of paper where she had written it down and it was definitely different from what was printed on the documents. I tried calling the lender and couldn’t reach them. I left a message but we never heard back from them so we cancelled the appointment and decided to reschedule. I took the docs with me as I left. Magically the next day, new documents showed up with the correct interest rates despite the fact that no phone call ever came through from the loan officer. We made an appointment and signed the next day. I was so glad for her that we had caught that mistake and got it corrected!

Falsely accused of murder
I had a jail signing where a woman was in jail and her fiancee was fighting on her behalf to get her out. Someone had gotten murdered and she was incarcerated, but she was actually innocent and happened to be in the wrong place at the wrong time. The fiancee needed a power of attorney, and he was so well dressed that the guards thought he was a lawyer and he came in with me to see her to get the signing done. When they saw each other, they spoke and he just held and pressed her hand. She was so depressed and upset and sad. The jail had over medicated and sedated her for her depression which made the whole situation ever more upsetting. I felt really bad for them.

The vindaloo signing
I had a funny signing with a Caucasian woman and an East Indian man in my town. When I got there, the husband was quite grumpy because the title company had messed up the settlement statement. When I told him that my former husband was an East Indian man though, he suddenly lit up and got very excited! We went into the kitchen and he gave me a bunch of seasoning packets and told me where to buy the best lamb rack, and we talked about cooking. We ended up rescheduling the signing with the corrected documents and we ended up talking more about cooking then too and he sent me home with more food! It was a fun meeting!

An impersonator at a signing
I had a refinance once where I’m glad I listened to my intuition! There was a situation where the wife was bilingual, and the husband spoke only Spanish. She was the primary on the loan, and when I looked at the ids, hers looked definitely like her. Her husband’s id didn’t really look like the man sitting in front of me. He had a bandanna on that partially hid his head, and the picture looked similar, but I couldn’t really say that the id was really the same man in front of me. I was skeptical but I took the photograph at face value as the wife assured me that this was really him. I started to proceed with the signing. At some point though, the man in front of me suddenly said, “ There’s a problem. This doesn’t match.” referring to the documents. At that point I realized that this wasn’t her husband since he clearly understood and spoke English. It was a friend. Not her husband. So I immediately stopped the signing, told them we were done, and walked out the door. I was so thankful that I was able to stop it, and that I had it recorded in my journal. I called the agency immediately and let them know what had happened.

.

You might also like:

30 minute Islamic prayer break at a signing
http://blog.123notary.com/?p=16185

Share
>

December 22, 2015

A Newbie at a Title Company

Filed under: Ken Edelstein,Popular on Facebook (A little) — Tags: , — admin @ 12:00 pm

A Newbie at Title Co.
Most of our jobs are quite routine. Once in a while, thankfully not often; something crosses our path that is extraordinary. It could be very nice, or a mess; as you might have expected – I write about a mess. The docs are the docs, we are expected to make them work. However, there are limits to what, as notaries, we can process. Title has an agenda. It’s their objective to get the papers processed as quickly as possible. It has to be a mess of galactic proportions for them to either dump it, or redraw the docs. Notaries also have an agenda, and one item usually at the top of the list is to do the assignment legally. It’s not our job to enforce the law; merely to abide by it.

After accepting the “piggyback”, for a fair, but modest fee; I learn it’s to be via POA. OK, kinda, they take longer but that is our lot in life. I am told that some “special signing instructions” will be sent to me. I assume it’s their preferred POA phraseology. Some want “Mickey Mouse by Minnie Mouse, his attorney in fact”. Others reverse it: “Minnie Mouse as attorney in fact for Mickey Mouse”. I prefer the latter because the name to be sworn comes first. Both are not at all a factor in the notary section where *only* Minnie would be named. But, this assignment tried to, IMHO, not bend, but break the rules.

The instructions directed me to name the affiant and POA issuer, as sworn. Thus, before me appeared: “Minnie Mouse & Mickey Mouse via POA”. To me that was a new twist. It would appear that Minnie would be, based on the POA; taking my oath issued to Mickey! Just as we cannot delegate our notary status to someone else; oath taking cannot be via proxy. Sayeth title: “there are two signature lines on the notarized document, thus there needs to be two persons named in the notary section”. Admirable logic, a bit of arithmetic; 2=2; that’s hard to argue.

But, that would be an improper notarization. Only the person(s) who actually “appeared before me…” can be named. This set of docs had it both ways. Some had both names filled in the notary section; some had “via Power of Attorney”; and a few were for me to write in. When I called title, informing of the need for me to redact all entries other than “Minnie Mouse”; I received more bad news.

“Her legal first name is not “Minnie”, it’s “Min”. However she took title as Minnie, and an AKA form is not allowed – you just have to notarize her as Minnie””. Strike Two – this job was going downhill faster than the Cyclone at Coney Island. I call Ms. Mouse, to my surprise and delight her driver license had “Minnie”. She told me she used that name all her life; though Min was on her birth certificate. Words, Words; to me it’s what is on the driver license that counts.

During my chat with Ms. Mouse she also mentions that the papers need to be processed quickly. It seems that Mr. Mouse is deceased! Whoa, hold on partner – in every state when the agent knows of the principal’s demise – their authority ceases to exist. Title and Ms. Mouse want to proceed with a voided Power of Attorney! What is my position? My notarizations would make no mention to a Power of Attorney. In my Jurat “before me appeared Minnie Mouse” would be the only entry, and she does have valid ID in that name. I never did find out if title knew of the demise of Mr. Mouse.

I bail out. There had been too many heated exchanges with Title; my insistence on proper format soured them. She told me her legal name was Min, so some doubt. Worst of all would be to facilitate the use of a no longer valid Power of Attorney. Best to not be a party to the eventual litigation!

.

You might also like:

If you contact Title companies directly, what do they want?
http://blog.123notary.com/?p=16110

11 best Title & Escrow Companies
http://blog.123notary.com/?p=15861

Share
>

September 8, 2015

Good ID is not Enough

It’s a sad notary who is writing this installment. I write this in the evening after the culmination of a series of events. My tale will be familiar to many, especially those with years of experience. It started out as a routine request to notarize a Power of Attorney, then the Agent would sign two additional forms using their Powerof Attorney authority. The assignment was from a lost funds recovery agency. The three short documents were emailed to me; and my fee was coming as a check; mailed the same day.

Delays developed into two weeks, presumably, I did not verify; the check cleared long prior to the start of the assignment. As to the assignment: An elderly lady was in a convalescent home, she was to give her son Power of Attorney to dispose of some assets. Immediately my antenna went up. Hospital environments are challenging, seeing proper ID often a major problem. He also assured me that she was rational and able to understand the document she was to sign. The son related that she did not have “Govt issued Photo ID” but a collection of documents that should suffice. We discussed this issue at length. I have wide latitude in what constitutes proper ID in NY State. The rule here is that the notary is required to view “adequate proof”. That’s it. No further guidelines.

The son could produce several original (not photocopies) documents that only a family member would have access to. The sticking point was the aspect of photo ID. Finally, a breakthrough; the facility had in the patient folder an admission picture, and were willing to give me a copy (to be returned with other photocopies of original documents. It was not the best ID situation, but the lady had been in the home for over a decade, and the assets were recently discovered.

I know, I’m letting the son’s “story” influence my “is it good enough” decision. There were other positive aspects of her identification that I will not disclose. Suffice to say, I informed the son that strict adherence to gathering her ID was essential. Looking at the notary section of her Power of Attorney, I noticed that “produced a driver license as identification” was preprinted. I could not edit the file as the PDF was from a scan. I had the attorney send me an editable file and changed that line to mention by name each of the ID components that I planned to accept. A quick scan and I proceeded to send the scan to the attorney for approval. Approval granted.

The next hurdle was witnesses. I could be one of them. The son said he would “draft” a nurse to be the second witness. Been there, suffered that. Many is the facility that I have visited that do not allow staff to sign anything. The son insisted they would. I asked for the name and contact number of the specific staff member to be sure to arrive during their shift. Son was unable to obtain any commitment and a few days delay was incurred as he found a witness.

Finally, after two weeks, we set a date and time. I prepared two of each of the three documents in case there was a mistake. Upon entering her room my heart sank. It was obvious that she would be unable to understand what she was to sign. Additionally, she was physically unable to sign. The floor nurse was called, and confirmed my opinion. She could hear, but not respond to “blink three times if your son is standing in front of you”. The floor nurse called the Social Worker who asked “what’s going on in here”. A brief explanation later yielded “I will not permit her to sign anything”. Of course that was redundant; I would not notarize with or without her permission. The son lamented that the “Court Appointed Guardian” procedure was too time-consuming and expensive. This was my cue to leave, feeling sad for her affliction. But, the law is inflexible, applies to all; and as NY notaries are sworn officers of the State Department – I could only walk away.

.

You might also like:

Always be helpful
http://blog.123notary.com/?p=15429

Notary Etiquette from Athiest to Zombie
http://blog.123notary.com/?p=13718

Share
>

June 9, 2015

POA – Proceed on Alert

Filed under: Ken Edelstein,Power of Attorney — Tags: — admin @ 10:22 pm

POA – Proceed On Alert
The Power of Attorney is perhaps the “most powerful” of all notarized documents. Some might argue the most powerful is the Will. I disagree. Wills are probated by a Court, an extended legal procedure with notifications, attorneys, and a Judge involved. On the other hand, someone with “just” a POA can gain access to a safe deposit box, sell a house; and do virtually any other function “for” the Principal who granted Agent power to them. POAs can be limited in authority when the Principal initials selected powers, or they can be, as is more common, unlimited.

There are many addicting drugs, perhaps one of the most addictive is Cocaine, a dangerous drug indeed. I think of the POA as the Cocaine of legal documents. With a properly notarized POA that is unrestricted the Agent can access funds, close accounts, sell property, enter into contracts and sign virtually any document on behalf of the Principal. It is the potential for misuse, and the subsequent litigation that has caused many bank notaries to decline processing all POAs. The bank fears its “deep pockets” will become involved in protracted court cases.

There is a slim ray of sunshine in the Power of Attorney gloom. Persons wanting notarization of POAs often have a legitimate personal gain to follow. They are eager to pay mobile notaries, having been rejected at the bank, pharmacy, etc. So the good news is they are willing to pay, but the bad news is that POAs have a somewhat greater risk to the Notary. It’s a good idea to “double down” on the ID requirements, requiring two “rock solid” IDs prior to notarization. POAs being processed at a hospital, by a patient are especially dangerous. The hospital cannot tell you what drugs the patient is taking. How are you to know if they understand what they are signing? End of Life patients often receive Morphine and other powerful medications.

There is also the general misunderstanding about how POAs are used to consider. Generally, they are surrendered upon use. The bank granting access to a safe deposit box will probably retain the Power of Attorney to protect them against potential litigation. It’s a good idea to inquire if the POA is needed for a “one shot”, such as having an attorney sign at a closing. At the other extreme, someone who will be handling the affairs for an elderly relative might need a dozen or more POAs; for banks, brokerage accounts, even to arrange “call forwarding” of cell numbers. Take the time to determine your client’s real need, and how many they will require.

Plan on spending more time at a POA signing compared to other documents. Often the Principal will “rethink” the transaction. It’s a major “letting go” of individuality; as the documents does permit someone else to sign your name. I have attended POA signings at law firms where the Principal reviewed and expressed the desire to make major changes in the POA; even though the issues and powers have been discussed with the attorney at length prior to my arrival.

Though the POA grants the right to sign the name of someone else, it is not without some limits. If I were to give my Agent an unrestricted POA, they could not use my signature to notarize a document; as that authority cannot be granted to another person. Some notaries have taken the position that the risks are too great and refuse to process POAs. In New York State, where the code requires the notary to “notarize upon demand” if the notarization is legal; it’s a crime to decline. The environment is growing more complex. There are no easy answers.

Share
>

August 28, 2014

I Love Lucy – The Power of Attorney

Filed under: Andy Cowan,Sit-Coms — Tags: — admin @ 7:06 am

I LOVE LUCY – THE POWER OF ATTORNEY

LUCY: Ricky?

RICKY: (reading paper) Yeah, hon.

LUCY: I just got my hair done. You like?

RICKY: (buried in paper) It’s nice.

LUCY: You like the color? It’s my natural color, you know.

RICKY: (buried in paper) Uh-huh.

LUCY: Blue!

RICKY: (buried in paper) Sounds lovely.

Lucy rips paper away from Ricky.

LUCY: Ricky Ricardo, you haven’t been listening to a thing I said!

RICKY: I’m sorry, honey. I’m just trying to forget about the show I’m doing at the Copa.

LUCY: Show?

RICKY: I have so much to do beforehand, I don’t know how I’m gonna get it all done. The rehearsals. The publicity. The contracts. The manager wants one thing splained. The agent wants another thing splained. Ey-yi-yi-yi-yi.

LUCY: I’m good at splaining! Ricky, I know! Fred can be your power of attorney.

RICKY: Fred can be my what?

LUCY: He can act as your agent. You know Fred used to be a notary public.

RICKY: Fred? Really?

LUCY: As a landlord, he figured it might come in handy with other duties on the job. But he didn’t renew his commission. Not that he wouldn’t if you needed him to be your power of attorney.

RICKY: How come he didn’t renew?

LUCY: Ethel told me it was a secret.

RICKY: A secret? Lucy… you were never good at keeping secrets…

LUCY: Ricky, I promised Ethel I wouldn’t say anything…

RICKY: Lucy!

LUCY: (spilling beans) Two tenants wanted him to authorize an affidavit of domestic partnership.

RICKY: Without getting married first? Ey-yi-yi-yi-yi. Well, I don’t blame Fred for not renewing his commission.

LUCY: Bob and Arnold.

RICKY: Two… guys??

LUCY: Yep.

RICKY: We won’t be able to accept gay marriage until they land a man on the moon! Or Liberace gets married.

LUCY: Fred authorized the partnership. Whoops.

RICKY: So that’s the secret you weren’t good at keeping!

FRED AND ETHEL ENTER.

FRED: Who feels like playing gin rummy?

RICKY: Not me, Fred. I got a lot on my plate.

ETHEL: Fred never has a lot on his plate.

FRED: If you learned how to cook, maybe I would.

LUCY: Ethel, Ricky needs to find a power of attorney. Know anybody?

ETHEL: Uhhh… You mean drafted or notarized?

RICKY: Speaking of “drafted,” Fred, how will the notary know if the document was professionally drafted or drafted by a licensed attorney?

FRED: In fifty years, notaries will have a don’t ask, don’t tell policy, as long as you signed it.

ETHEL: Lucy, you didn’t happen to open that big round thing on your face with lipstick again, did you?

LUCY: I’ll have you know these are the natural color of my lips.

ETHEL: You didn’t answer the question.

LUCY: See, I am good at keeping secrets!

LATER, AFTER THEY’VE HIRED AN ATTORNEY TO DRAFT THE DOCUMENT…

ATTORNEY: Very well, Mrs. Ricardo. Now you are attorney in fact. You can take this to any notary, get it notarized, and Mr. Ricardo’s contracts will be perfectly valid for both his manager and his agent.

RICKY: Now, Lucy, just because you’re an attorney in fact doesn’t mean I want you coming up with some hairbrained scheme to get into the show.

LUCY: Now why would you think that?

RICKY: Why wouldn’t I think that?

LUCY: As your attorney in fact, it wouldn’t be breaking the law if I…

RICKY: Lucy!

LUCY: Okay, okay. Jeesh. What a grouch.

LATER, AFTER THEY’VE HIRED A NOTARY…

NOTARY: Have you your document and I.D. ready?

LUCY: Here’s my driver’s license.

NOTARY: Hmmm.

RICKY: Anything wrong?

NOTARY: This can’t be your license. Under “hair color,” it says “red.”

LUCY: Well what’s wrong with that? It is red.

NOTARY: Do you swear under oath that’s you were born with that hair color?

LUCY: Ehhhhhhhhh.

AFTER RICKY LEAVES TOWN ON BUSINESS, LUCY ORDERS RICKY’S NEW BONGOS FROM A BEATNIK WHO THOUGHT SHE MEANT “BONGS”. THEN SHE ORDERED CUBAN CIGARS THAT TOOK SO LONG TO SHIP, BY THE TIME THEY ARRIVED, THEY WERE ILLEGAL. FINALLY SHE HIRED THE NEXT BEST THING TO HERSELF FOR THE SHOW… A LUCY LOOKALIKE. RICKY SPOTS THE LOOKALIKE… AND FIRES HER BEFORE HE CAN HEAR HOW GOOD SHE IS. THEN THE REAL LUCY TAPS HIM ON THE SHOULDER.

LUCY: Need a replacement?

RICKY: Huh?! But… I thought that was you.

LUCY: You thought wrong. Lucky for me I can fit into her dress.

RICKY: Where are my bongos? What’s that pungent odor I smell coming from that beatnik over there?

TO BE CONTINUED

Share
>

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.

Share
>

December 31, 2013

Where can I find someone to draft a Power of Attorney?

Where Can I Find Someone to Draft a Power of Attorney for Me?

The appropriate person to draft a Limited Power of Attorney or a Durable Power of Attorney is– an attorney! The best way to find an attorney is to ask someone you know who has been in a situation like yours and can recommend an attorney in your area. Another possible way to find an attorney is to look on the Internet. Websites such as USA.gov can help you find a reputable attorney http://www.usa.gov/topics/consumer/complaint/legal/find-attorney.shtml . Be sure you use a website where you can read reviews of the attorney from people who hired that attorney to draft a Power of Attorney or deal with similar issues you are facing. Also, you should call that attorney’s firm and see if they are pleasant and helpful, and will give you a free initial consultation on the phone. Use your instinct! If the law firm does not call you back or does not seem interested in your case– do not use that law firm. Google “Find an attorney in ________” and add your city and state. Then, search by the type of practice they do; usually attorneys who do Wills and Estate Planning will be the ones to call. In my experience, it is best to check several websites and call a number of attorneys. This project may take you several days, but it is the best way to find an attorney to draft a Power of Attorney. It is the same as choosing a notary: the ones with great reviews who answer the phone or call you back are the BEST!

Share
>

November 28, 2013

Who are all the parties involved in a Power of Attorney?

The Principal (also called the grantor) is the person who needs an agent to act on his/her behalf in dealing with legal, financial, and/or health care issues that ultimately involve signing documents, checks, and so forth.
The grantor grants power to the Attorney in Fact via the Power of Attorney document; the Attorney in Fact (also known as the agent or grantee) may then make decisions and sign on behalf of the grantor.

The Attorney in Fact (also called the agent or grantee) is the person designated in the Power of Attorney to act solely on behalf of the principal, avoiding any conflict of interest or personal considerations. The Attorney in Fact acts as a fiduciary, someone who can take care of money for the principal and whose judgment, advice, and assistance can be relied upon. If the fiduciary is, for example, the guardian of an estate, he or she must file a fiduciary bond with the probate court or judge. The Attorney in Fact may transact purchases and sales and financial affairs, and execute agreements.

An Attorney involved may be a family Attorney who drafted the Power of Attorney or one who represents the principal in other matters; by contrast, the Attorney in Fact is often a family member, and not an Attorney who represents the principal for a fee. All rights granted to the Attorney in Fact are set forth and may be limited at the beginning by the grantor; thus, the necessity of having a good Attorney draw up the Power of Attorney. The Attorney may be involved in creating legal remedies or documents that the Attorney in Fact will execute. There may also be an Attorney representing whatever entity (e.g, a bank) the Attorney in Fact works with on behalf of the principal.

The Notary may be involved in notarizing a Power of Attorney at a hospital signing. In this case, the notary may need to question the grantor sufficiently so that he or she is certain the grantor is doing this of his or her own free will and understands the nature of the powers granted to the Attorney in Fact, and the notary must record any observations in the notary journal. As a notary signing agent, the notary must also ID an Attorney in Fact who acts on behalf of the borrower at a signing. In such a case, be advised that the notary’s job is to identify the signer, not to verify his or her capacity http://blog.123notary.com/?p=2632 .

You might also like:

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

Information about various notary procedures
http://blog.123notary.com/?p=2268

Share
>
Older Posts »