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Renee
Michigan
549 Posts |
Posted - 08/08/2012 : 10:35:24 AM
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I'd also suggest reading the POA, they usually spell out very concisely which powers are being bestowed, and can even include which are not. |
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LindaH
Florida
1754 Posts |
Posted - 08/08/2012 : 06:47:46 AM
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Unfortunately, this is not a question that "normal" notaries public can or should answer. This is a question best posed to an attorney as the answer may vary greatly from state to state. For a notary to give you that type of advice could be considered Unauthorized Practice of Law (UPL) and may subject them to revocation of commission, fine, jail time, or all of the above.
Under your circumstances, I would suggest you discuss this issue with an attorney. If you can't afford one, google "legal aid" in your area - they provide services for a fee based upon income/assets - you may get help there.
Good Luck
Linda http://www.columbiacountynotary.webs.com |
Edited by - LindaH on 08/08/2012 07:47:21 AM |
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jrobert789
California
28 Posts |
Posted - 08/08/2012 : 06:33:33 AM
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Is there any special form of power of attorney used when a person allows a friend or relative to cash an IRS refund check. |
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edelske
New York
815 Posts |
Posted - 08/02/2012 : 8:11:48 PM
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It sure would be nice if the mortgage expired with the notary's stamped commission expiration date!
Kenneth A Edelstein Mobile Notary, Apostille / Legalization Processing & Fingerprinting http://www.kenneth-a-edelstein.com |
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LindaH
Florida
1754 Posts |
Posted - 08/01/2012 : 03:55:50 AM
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If the notary's commission was active and valid at the time of notarization, then the POA should still be fine. Notary commissions expire every 4-5 years (depending on state) - expiration of commission doesn't nullify the document. Unless her son has revoked that POA it should still be good.
Linda http://www.columbiacountynotary.webs.com |
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jrobert789
California
28 Posts |
Posted - 08/01/2012 : 12:10:15 AM
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My sister don't have guardianship of her mildly mentally retarded son but she did get a power of attorney hoping that if she continue to guide and teach him he will learn to take care of most of his needs and become more independent someday although right now he does not know much about handling his finances so she take care of that as he learns. Since he is over the age of 18 she cannot get involved in any of his affairs without the power of attorney. So I want to know is her power of attorney still good if the notary who notarized it some time ago and now its commission date is expired or should she get another power of attorney drawn up to continue taking care of his financial affairs? Thanks in advance for your response. |
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