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1 Posts

Posted - 02/13/2011 :  12:09:26 AM  Show Profile  Reply with Quote
quote:
Originally posted by vstanley

if someone is overseas and wants to give their spouse power of attorney- does this person have the POA written overseas and then send it (I'm in Texas) to the person he is giving the POA to for notarization?


Contact any near-able lawyer.
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PWinFL

Florida
469 Posts

Posted - 06/14/2010 :  12:18:50 PM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
Excellent point, Gerry. I should have included the military aspect but neglected to. Thanks for having my back.


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.


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Maple

51 Posts

Posted - 06/14/2010 :  11:44:47 AM  Show Profile  Reply with Quote
If the person is in the US military, a military dependent, or accompanying the military overseas, the notarization could be by a person authorized by the military, and no further authentication would be needed. In your role as a Texas notary, that does not matter to you, you just accept the claim of the Texas spouse that there is a power of attorney at face value. In the unusual case where the attorney-in-fact, that is, the spouse in Texas, must execute and acknowledge the POA, you would do so. In that case the POA would have two notarizations, one by the overseas notary who met with the overseas spouse, and one by you for the Texas spouse.
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vstanley

Texas
3 Posts

Posted - 06/14/2010 :  11:08:56 AM  Show Profile  Reply with Quote
PWinFL

I just wanted to say thank you for your quick response to my question...
I'm very new to this forum and have noticed that you are always able to shed some light on any topic (especially) us newbies. Keep up the great team work!
it is very greatly appreciated.

Veronica Stanley
Notary Public State of Texas
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vstanley

Texas
3 Posts

Posted - 06/14/2010 :  10:31:46 AM  Show Profile  Reply with Quote
Does this apply to military personnel?

quote:
Originally posted by PWinFL

In most jurisdictions in the US, the Power of Attorney must be signed by the 'maker' (aka the Principal of the instrument designating another (the Attorney-In-Fact; AIF) to act on his/her behalf. And the Principal's signature is usually notarized with an acknowledgment. The AIF's signature usually is not notarized. If the Principal resides overseas, then the document must be prepared and authenticated for use in the US. If the Principal is a US citizen, the US Embassy or Consulate can usually notarize the document, which may or may not require US State Department authentication.


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



Veronica Stanley
Notary Public State of Texas
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PWinFL

Florida
469 Posts

Posted - 06/14/2010 :  10:16:09 AM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
In most jurisdictions in the US, the Power of Attorney must be signed by the 'maker' (aka the Principal of the instrument designating another (the Attorney-In-Fact; AIF) to act on his/her behalf). And the Principal's signature is usually notarized with an acknowledgment. The AIF's signature usually is not notarized. If the Principal resides overseas, then the document must be prepared and authenticated for use in the US. If the Principal is a US citizen, the US Embassy or Consulate can usually notarize the document, which may or may not require US State Department authentication.


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

Edited by - PWinFL on 06/14/2010 10:42:25 AM
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vstanley

Texas
3 Posts

Posted - 06/14/2010 :  09:45:40 AM  Show Profile  Reply with Quote
Can someone please reply to my question ASAP....if someone is overseas and wants to give their spouse power of attorney- does this person have the POA written overseas and then send it (I'm in Texas) to the person he is giving the POA to for notarization?


Veronica Stanley
Notary Public State of Texas
[/quote]

Veronica Stanley
Notary Public State of Texas
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vstanley

Texas
3 Posts

Posted - 06/14/2010 :  08:54:47 AM  Show Profile  Reply with Quote
if someone is overseas and wants to give their spouse power of attorney- does this person have the POA written overseas and then send it (I'm in Texas) to the person he is giving the POA to for notarization?


Veronica Stanley
Notary Public State of Texas
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