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 power of attorney
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Lisa T.

California
391 Posts

Posted - 01/17/2009 :  10:57:10 AM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
Paul, you are correct. I meant only one option is necessary.

Edited by - Lisa T. on 01/17/2009 10:59:01 AM
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PWinFL

Florida
469 Posts

Posted - 01/16/2009 :  05:33:22 AM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
My understanding on POA's in CA (same as in FL), to make the POA valid it must be either witnessed by two attesting witnesses or notarized by a notary public. However, if the POA has both witnesses and is notarize, it would not make the instrument invalid.

(Please correct me if I'm wrong. Thank you.)

Never drive any faster than your guardian angel can fly.

I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.


Visit us online at http://www.PAWnotary.com
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Lisa T.

California
391 Posts

Posted - 01/15/2009 :  8:45:46 PM  Show Profile  Visit Lisa T.'s Homepage  Reply with Quote
I know this conversation is old, but in CA, a POA document is either witnessed by two people OR notarized....not both.
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edelske

New York
815 Posts

Posted - 03/25/2008 :  6:23:22 PM  Show Profile  Visit edelske's Homepage  Reply with Quote
Also a good idea to check ahead of time about the ID. Often folks in hospitals, etc. - don't have "notary useable" ID with them. Ask prior to your appointment about the photo ID issue of all sigs you will notarize.


Ken
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LindaH

Florida
1754 Posts

Posted - 03/21/2008 :  4:59:26 PM  Show Profile  Reply with Quote
They provide the completed POA form...go see Mom and determine if you feel she's cognizant of what she's doing...make sure she's "with it", of sound mind and that signing this POA is her free act and she's not being coerced....make sure you have the appropriate number of witnesses required in your state, have her sign it and that's it...

You might also want to clear it with the convalescent home as to the best time of day to do this and their procedure.

One thing - I'd try to get a few minutes alone with Mom if possible... so your determination is made without any possibility of coercion on the son/daughter's part. JMHO

Good Luck!!

Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell

Edited by - LindaH on 03/21/2008 5:02:22 PM
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n/a

California
2 Posts

Posted - 03/21/2008 :  4:29:29 PM  Show Profile  Reply with Quote
I have a customer that wants me to notarize a power of attorney for his mother that is in a con home. What is the correct procedure for this?
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