Signatures and notarization of power of attorney

Signatures and notarization

In order for a power of attorney to be a legal document it must be signed and dated at a minimum by the principal.This alone, however, is not usually considered sufficient if the legality of the document is ever challenged by a third party. Having the document reviewed and signed (and often stamped) by a notary public increases the likelihood of withstanding such a challenge.[citation needed] However, such notarization is not always necessary for such a document to be considered legal — in California and in South Carolina a power of attorney is considered legally valid by the state if it is signed by the principal, by the agent, and then either by two witnesses OR by a single notary public in Arizona and Illinois, a power of attorney requires notarization and the signature of at least one witness. Each state has a specific process and it is important to confirm the most recent version.

Capacity of the grantor

Capacity of the grantor

The person who creates a power of attorney, also known as the "grantor", can only do so when he/she has the requisite mental capacity. Suppose the donor loses capacity to grant permission after the power of attorney has been created then the power will probably no longer be effective. In some powers of attorney the grantor states that he/she wishes the document to remain in effect even after he/she becomes incapacitated. This type of power is commonly referred to as a durable power of attorney. If someone is already incapacitated, it is not possible for that person to execute a valid power. If a person does not have the capacity to execute a power of attorney (and does not already have a durable power in place), often the only way for another party to act on their behalf is to have a court impose a conservatorship or a guardianship.

Please clarify above things with grantor.

What is power of attorney

A power of attorney (POA) is a written authorization to act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, of the power. The one authorized to act is the agent or attorney or, in some common law jurisdictions, the attorney-in-fact. Formerly, a power referred to an instrument under seal while a letter was an instrument under hand, but today both are signed by the donor, and therefore there is no difference between the two.

There are multiple types of decisions that the attorney-in-fact can be given the power to make, including the power to:

• Make financial decisions
• Make gifts of money
• Make health care decisions, including the ability to consent to giving, withholding, or stopping medical treatments, services, or diagnostic procedures. (Note: your loved one can also make a separate “health care power of attorney” to give only this power to an individual.)