Who Signs a Power of Attorney?

Q: Can a notary be a witness on a POA?

In many states, a notary public can serve as a witness on a power of attorney, provided they are not the agent named in the document. However, it's essential to check specific state laws, as requirements may vary. The notary's role is to verify the identity of the signers and ensure the document is executed correctly.

Full question:

Does a durable POA notarized require witnessness? If I have to use POA in future for my husband, do I sign my name or his name

Category: Power of Attorney
Date: 04/07/2025
State: Mississippi

Answer:

The person granting the power of attorney (the principal) who appoints another to act as their agent is the person who must sign the power of attorney. In some cases, a form contains an option for the agent to sign to accept the appointment, but it is not required. The form should be notarized, but is not required to be witnessed. Therefore, a power of attorney from the owner spouse should be signed by that owner. Your signature would not be requited unless there is a clause for acceptance or notice by the agent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a POA withdraw money from a bank account?

Yes, a power of attorney (POA) can authorize the agent to withdraw money from the principal's bank account. The agent can manage financial transactions, including withdrawals, as specified in the POA document. However, this authority is limited to what the principal has granted in the POA. It's essential to ensure that the POA is properly executed and includes clear language about financial management.

What are the disadvantages of a durable power of attorney?

One disadvantage of a durable power of attorney is the potential for abuse. If the agent is untrustworthy, they could misuse the authority granted to them. Additionally, a durable POA can limit the principal's control over their affairs, especially if the agent makes decisions contrary to the principal's wishes. Lastly, once the principal becomes incapacitated, they cannot revoke the POA without legal intervention.

What are the rules for power of attorney in New York state?

In New York, a power of attorney must be in writing and signed by the principal. It should also be notarized and may require witnesses, depending on the specific powers granted. The agent must act in the principal's best interest and within the scope of authority granted. New York law allows for a durable power of attorney, which remains effective even if the principal becomes incapacitated.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding the principal's will, vote on behalf of the principal in elections, or make healthcare decisions if a healthcare proxy has been designated. Additionally, any actions that require the principal's direct consent, such as marriage or divorce, cannot be performed by an agent under a POA.

Can a notary be a witness on a POA?

Are there several advantages to using a durable power of attorney?

Yes, a durable power of attorney offers several advantages. It allows for the management of the principal's financial and legal affairs if they become incapacitated. It can simplify decision-making during emergencies and help avoid court interventions for guardianship. Additionally, it provides peace of mind, knowing that trusted individuals can handle important matters when needed.