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 Notary Tips
 Is power attorney good if commission date expire.
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Renee

Michigan
549 Posts

Posted - 08/08/2012 :  10:35:24 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
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  Show Profile  Reply with Quote
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  Show Profile  Visit jrobert789's Homepage  Reply with Quote
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  Show Profile  Visit edelske's Homepage  Reply with Quote
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  Show Profile  Reply with Quote
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  Show Profile  Visit jrobert789's Homepage  Reply with Quote
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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