How To Notarize A Power Of Attorney In 5 Easy Steps

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A Power of Attorney is a strong document

A power of attorney is a letter of authorization given by one person to another for representing or acting on the person’s behalf in a legal matter, a business or in any other private affair. The person is called the principal and the one who is authorized to act is known as the agent. This authorization may be given if the person is suffering from poor health or is carrying out real estate transactions on behalf of the person. Likewise, if the person is in a distant place and is not able to carry out any of his or her private affairs or legal matters, he or she can give this authorization to another. Apart from being called an agent or a representative, the person authorized is also called an attorney-in-fact, a surrogate or a proxy. The document authorizing the other person is a legal in nature and according to certain state laws, this document has to be notarized for getting such a legal status.

Five easy steps for notarizing a Power of Attorney

The foremost point is that you should know your state laws thoroughly. If you fulfill all the steps as stipulated by the laws, you can avoid all possible legal hassles in future. Even if the state laws do not specify that there is a need to notarize the document, you can get it done so that you can safeguard yourself from legal wrangles that may be caused by people with nefarious intentions.

Once you make up your mind to notarize your power of attorney, you should find out the right form for it. You have both specific power of attorney and general power of attorney. Depending upon the type, the form may vary. You can consult some legal experts or you can search on the Internet also for getting the right form.

It is better to consult an attorney and get the form checked before getting it notarized. The attorney may find out errors, if any, and may suggest the necessary corrections. You should take this step before notarizing.

You should get hold of a public notary. There are several sources from which you can locate a notary because banks and almost all post offices have a public notary with them. If you are a regular customer of a bank, you can use their notary services free of cost. If you have got your power of attorney document prepared by a law firm, the firm itself may arrange to get the document notarized. You can search on the website of The American Society of Notaries and find out a public notary in your own area.

Since the notary must witness the principal and agent signing the document, you should have the document ready when you visit the public notary’s office. But, signing the document should be done in the presence of a notary only.

Lauren Devaney is an amicable blogger. She has writted numerous blog posts on finance. She provides finance related information and quick loans on her website Payday Loans UK.

Notary Tip of the Week: Electronic Register for eNotaries

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Question: Am I required to keep an electronic register of my electronic notarial acts? Is keeping an electronic register of electronic notarial acts required? - simonmarvs

Answer:

Yes. A notary performing electronic notarial acts shall keep, maintain, protect, and provide for lawful inspection an electronic record of notarial acts that contains at least the following for each notarial act performed: the date and time of day of the notarial act; the type of notarial act; the type, title, or a description of the document or proceeding; the printed name and address of each principal or signer; the evidence of identity of each principal in the form of either a statement that the person is personally known to the notary, a notation of the type of identification document presented by the principal/signer, which may be a copy of the driver’s license or other photographic image of the individual’s face, or the printed name and address of each credible witness swearing or affirming to the person’s identity, and, for credible witnesses who are not personally known to the notary or electronic notary, a description of the type of identification documents relied on by the notary; and the fee, if any, charged for the notarial act. Effective July 1, 2012, if the notary uses video and audio conference technology authorized under VOC 47.1-2 and the principal’s identity has been ascertained upon presentation of satisfactory evidence of identity pursuant to VOC 47.1-2, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used. It is a requirement of law that every electronic notary shall take reasonable steps to ensure the integrity, security, and authenticity of electronic notarizations, maintain a backup for his electronic record of notarial acts, and ensure protection of such backup records from unauthorized use. The electronic record of an electronic notarial act must be maintained for a period of at least five years from the date the notarial act was performed and recorded in the notarys electronic register. - Casey Likeness

 

Via Ask.FindNotary.com