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November 20, 2016

Power Of Attorney Documents – Submitted as a double credit document

Power of Attorney vs a Will
There are many types of Power of Attorney documents. However, the general theme is that someone is granting authority to someone else. A Will contains the maker’s words, directives and decisions. The executor of a Will is not a decider of asset allocation, rather a facilitator of the deceased’s allocation desires. In contrast to a Will, the Agent of the Principal (of a Power of Attorney) “may” have the authority to “call the shots” – or, the Agent may be severely constrained. Usually the Agent has “some” authority to sign for the Principal. In almost all cases, the authority granted by a Power of Attorney ceases upon the Principal’s death. The Principal granting power to the Agent may revoke such power at any time unless incapacitated. A Will can also be revoked, until Probate…..

Lifespan of the Power of Attorney
The Durable Power of Attorney – (General or Limited) remains in effect when the Principal becomes incapacitated. If the Power of Attorney is not Durable, the authority of the Agent does not exist if the Principal is in no condition to revoke the authority.

The Springing Power of Attorney – Similar to the Durable, the Springing only “comes into effect” when the Principal is incapacitated. As the definition of incapacitation can vary, the specific definition of the “trigger” should be specified in detail in the document itself.

Scope of the Power of Attorney

The General Power of Attorney – This allows the Agent to sign the name of the Principal unless it’s illegal for them to do so. One example: you can’t grant power for someone to sign your notary signature. If the word Durable is included, the power remains unless revoked or death of the Principal.

The Limited Power of Attorney – (sometimes called a Special Power of Attorney) grants from Principal to Agent authority to perform specific actions. Often this format contains an expiration date. Commonly used with loan documents, authority is granted for the Agent to sign various paperwork related to obtaining real estate.

Entitlement of Agent to Receive Payment

Unrelated to the “Gift Rider”; when the Agent manages (in some jurisdictions) property, they have a statutory right to be paid. Amounts vary, but a very rough guideline (unless otherwise specified) is:
3% of money received by the attorney,
3% of money paid out by the attorney on your behalf, and
3/5 of 1% of the average annual value of the assets covered under your power of attorney.

In personal transactions, the Agent has no right to be paid unless specified by the Principal. In some cases, the Agent applies to the Court to allow payment for Agent Services. In the vast majority of what we will see as Notary Publics, payment is rarely a concern or specified. When a payment arrangement exists, it will usually be part of a separate contract and not contained in the distributed Power of Attorney.

How the Agent uses their Authority

Assume Lock is giving Key an Agent relationship. Key would probable use one of the following formats:
Lock by Key as Attorney-In-Fact
Key as Attorney-In-Fact for Lock
Opinions vary, I prefer the first example because Lock is written first matching the “under the line”.

Considerations for the Notary

ID – Follow your jurisdiction requirements – To The Letter. Power of Attorney documents can easily be litigated in a court. Look very closely at the ID, if it’s a 35 year ago picture does it look like the affiant?

Capability – a tough one, but I like to ask why they are signing, what does this document do?

Initials – Almost never required, but let’s think about it a bit. Initials are mainly used to acknowledge seeing a page. But, I submit they also “mark” a specific page as having been accepted. While I don’t suggest affiants to initial each page (Principal, Agent(s), Monitor(s) and Successor Agent(s)) – I would insist upon it if I was the Principal and not the Notary.

Blank Lines – The Principal should consider a N/A in each not-applicable area. For example: there is usually an area for the “second agent”. If this was subsequently completed, and a “loose ack” added to the document – it might appear that the second agent was approved by the Principal.

Oath – I know, many do not bother to administer an oath. On Power of Attorney documents ya better!

Suggest More, Earn More – Under most jurisdictions, a photocopy of a notarized document – is Not a notarized document. One copy will suffice for a task specific use, as in a Signing. However, a general care giver might need many copies. It is likely that a financial institution will require an original for them to permit the Agent to use their power(s). Your client might not know this, often they assume a photo copy will work the same as an original that was “wet signed” and embossed. A few dollars for each extra copy is a value to your client and might add up to some Sesame Chicken for you.

Witnesses – rare for Power of Attorney but does occur. I feel the witnesses should also be notarized whenever possible. The California “Long Form” Acknowledgement is perfect for this as it has specific areas to associate the “loose ack” to witnessing the document.

Closing Thoughts

I receive many calls for processing Power of Attorney documents. Often the caller is somewhat angry about their recent notary experience. They relate that the notary at the bank refused to notarize a totally legal to process document, it’s bank policy – they relate. The bank does not want their “deep pockets” as part of litigation. These are much more likely to be contested than an application for a passport.

It’s not often, but sometimes someone wants me to notarize their self written Power of Attorney. Of course I can do that, but I caution them that, in the majority of my experience – the document is not in a state specific standard form. Furthermore, your document might not be accepted as you intend. I am willing to proceed, but you have been cautioned that it might not suffice. They can make an informed decision.

Sometimes for a Power of Attorney signing I receive a copy (photocopy or via email) of the relevant Power of Attorney. They send it so I can “verify” and “accept” the Agent signing for the Principal. It is my opinion that I have no requirement to see that document. First, I am not an Attorney, and “technically” am not qualified to judge, read, or take any action; even if the original “wet signed” was submitted. Nor would I be in a position to know if the authority had been revoked, or if the Principal is deceased. When I notarize “Lock by Key as Attorney-in-Fact” – I am notarizing Key – only. Key is stating explicitly, and under oath (I think – it gets a bit fuzzy here, I’m not an attorney) that Key currently has AIF authority.

At the start of this blog entry I mentioned Lifespan and Scope and covered the more commonly used documents. Note that their characteristics can be combined in multiple ways. I think there could be, of the ones covered Four Factorial permutations: 4 * 3 * 2 *1 = 24 variations! This is one document that I never want to have to read and explain (with liability!) to those I will notarize.

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Index of posts about Power of Attorney
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Index of information about documents
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Preparing to sign a last will and testament
http://blog.123notary.com/?p=19967

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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.

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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.

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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!

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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.

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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.

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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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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 .

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November 7, 2013

Rich man poor man: Market Yourself to the Wealthy

Rich Man Poor Man

Here is some shocking news – wealthy people have an easier time paying a higher notary fee compared to poor people. Wow! Whatta surprise. Pardon my obvious statement. But I do wonder why so many notaries are struggling with signing service fees – fees paid by little entities with balance sheets that are awash in red ink. Do you have a signing service in your town? Probably not, but you do have many wealthy people whose time is very valuable. Now you know the secret of collecting those higher and much easier to earn fees. Market yourself to the wealthy. It’s that simple. It’s the opposite of going, as a notary to the poorhouse seeking clients. Who are the wealthy? You already know – but might not know just why they need you. Let’s take some time out from the signing rat race, step out of the maze and let me show you the shortcut to the cheese.

I had a fellow who gave me over 17 Apostille assignments for an adoption. He needed various doctor statements to be notarized and receive an Apostille. My fee for each, no discounting; was on the high side for an edoc job. However, the work was much quicker and cleaner. He was a –big shot – stockbroker. He worried about missing an important call and losing a commission that would have been over 6 months of earning – for me. But, not for him; he makes that much money in the course of a 15 minute phone call. I know this for a fact as he told me – while paying me – how he just made several thousand dollars. He even gave me a Franklyn for a tip!

Attorneys often receive Power of Attorney; to sign papers for their clients. The high profile client does not want to hunt for a notary. The Attorney of record, as involved in the transaction cannot notarize the client giving him the power – so an outside notary is needed. Enter the mobile notary, me, to their office. Of course they have others who usually handle this, but sometimes they are on vacation or out sick – I get the call. Doctors, will not go hunting for a notary – they like to have a card on file of a reliable notary who will go to them.

Everyday shopkeepers, who must –mind the store- often have legal documents that must be notarized. The needs vary greatly – the common thread is that their time is worth more than your time. They can pay me XX which is very much worth my while to go to them – and that XX is less than the revenue they would lose by going to find a notary. Clearly, this works best with people whose time is one of their most valuable assets. As a http://newyorkmobilenotarypublic.com I probably have more rich people here in Manhattan compared to most places. But the concept is applicable in your home town too. Give a card to the general manager of the large Big Box stores in the local shopping centers. I sure don’t have many WalMarts in Manhattan. That person is busy, very busy – and is likely to need a notary now and then but do they have your card? That person pays to save time using company money – it’s not out of the managers’ pocket – does that matter to you.

To harp on the point. Seek out the wealthy who have little time to spare and more money to spend. When you run out of wealthy prospects seek out those who can pay using –company money- to save their personal time. Trust me on this – it is very pleasant to work with these people. They are very appreciative of your services, and are willing to pay fair rates. Now compare what I have written above to a discussion with El Cheepo signing as you beg for an additional ten dollars for faxing 50 pages. Are you marketing yourself wisely to the right prospects?

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August 15, 2013

Power of Attorney: Types Often Created

Filed under: Power of Attorney — Tags: — admin @ 12:45 am

POWER OF ATTORNEY: TYPES OFTEN CREATED

A General Power of Attorney is a broad type of POA document, and gives the Attorney in Fact the power to execute, on behalf of the grantor, both legal and financial agreements that are binding.

A Durable Power of Attorney is essentially a General Power of Attorney but, as the name suggests, is meant to be of a permanent nature because the grantor has agreed in writing that he or she wishes the Power of Attorney to remain in effect should the grantor become permanently ill or disabled. Many financial institutions prefer this type of POA, and all fifty states recognize some form of Durable Power of Attorney. SEE BELOW “What rights does the agent or Attorney in Fact have?”

A Specific Power of Attorney (also called Special Power of Attorney) will be in force for a limited amount of time, or will delegate power to the grantee or agent for only a specific instance, such as the signing of certain papers at a location the grantor or principal cannot travel to due to a physical ailment.

A Medical Power of Attorney grants the Attorney in Fact the right to make decisions about medical treatment or health care on behalf of the principal or grantor, perhaps during an illness or for a period of time following an accident.

A Springing Power of Attorney goes into effect at some date or circumstance in the future, for example when cancer spreads so as to disable the grantor, and the POA remains in effect until the grantor’s death.

A Power of Attorney for Care of a Minor Child is a document that temporarily assigns another person the right to make health care or legal decisions on behalf of a child who may be in their care. Many states limit the term of this Power of Attorney to six months, after which time guardianship must be sought if the parents cannot care for the child for any reason (disability or death).

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