Power of Attorney Documents: Being Prepared for Notarization
Power of Attorney Documents: Being Prepared for Notarization
What Should You Confirm Before Notarization?
A Power of Attorney can be an important document during family, medical, financial, or other life circumstances.
Sometimes a family needs to arrange a Power of Attorney quickly because a loved one is hospitalized, receiving care, or unable to manage certain responsibilities independently.
Before scheduling a notary, there are several important details to confirm.
Who Prepared the Document?
First, determine who prepared the Power of Attorney.
The document may have been prepared by:
An attorney
A legal service provider
Another qualified professional
A person using a form or document provided by an organization
If an attorney or professional prepared the document, follow their instructions carefully.
If you have questions about which Power of Attorney you need or what powers should be included, speak with an attorney. A notary cannot choose the correct legal document or provide legal advice.
Who Must Sign?
The correct person must sign the document.
For a Power of Attorney, this is generally the person granting authority, known as the principal.
The signer must be present for the notarization and must be able to participate in the notarial act.
If more than one person must sign, confirm that each required signer will be available.
Can the Signer Understand the Document?
This is especially important when a loved one is in a hospital, nursing home, rehabilitation facility, or receiving care at home.
The signer must be able to understand the nature and effect of the document at the time of notarization.
A notary is not making a medical diagnosis or providing a legal determination of competency. The notary is evaluating whether the signer appears able to understand and participate in the notarization at that time.
If the signer has recently experienced a stroke, is confused, is heavily medicated, or is having difficulty understanding what is happening, discuss the situation with the appropriate healthcare or legal professional before scheduling.
Does the Signer Have Acceptable Identification?
The signer should have acceptable identification available.
If there are questions about an expired ID, missing identification, or another identification issue, contact the notary before the appointment.
Do not wait until the appointment begins to discover that identification may be a problem.
Are Witnesses Required?
Some Power of Attorney documents have specific witness requirements in addition to notarization.
Before scheduling, ask the attorney or professional who prepared the document:
“Does this document require witnesses, and who may serve as a witness?”
If witnesses are required, make sure they are available at the appointment.
Having the correct witnesses ready can help prevent delays or the need for another appointment.
Is the Document Complete?
The document should be complete according to the instructions provided by the person or professional who prepared it.
Do not make changes or guess about missing information.
If you are unsure what should be written in a blank section, contact the person who prepared the document.
A notary may complete the notarial certificate when appropriate, but the notary cannot fill in legal terms or decide what authority should be granted.
What If the Loved One Cannot Sign Normally?
There may be specific Florida procedures for a person who is physically unable to sign.
That situation is different from a person who cannot understand the document.
If the signer is physically unable to sign, tell the notary before the appointment so the circumstances can be discussed and the applicable requirements reviewed.
What Can a Notary Do?
A notary may:
Confirm the signer’s identity
Observe the signing when required
Complete the appropriate notarial act
Complete the notarial certificate
Affix the notary seal
Follow Florida’s notarial requirements
A notary cannot:
Choose which Power of Attorney you need
Explain legal powers or consequences
Draft or revise the document
Decide what authority should be granted
Provide legal advice
Guarantee that a document will be accepted by a particular organization
Those questions should be directed to an attorney or the professional who prepared the document.
Before You Schedule
Have the following ready:
The complete Power of Attorney document
The correct signer
Acceptable identification
Any required witnesses
Instructions from the person or professional who prepared the document
Information about any special circumstances
If your loved one is in a hospital, nursing home, rehabilitation facility, or at home, let the notary know when scheduling.
Magnolia Signature Services
Magnolia Signature Services provides professional mobile notary services throughout Panama City and surrounding Bay County communities.
If your Power of Attorney requires notarization, a mobile notary may be able to meet you at:
Your home
An office
A hospital
A nursing facility
A rehabilitation facility
Another agreed location
If you do not see an appointment time that works for you online, contact Magnolia Signature Services directly. Special requests are reviewed individually, and we’ll do our best to accommodate you when our schedule allows. We come to you.
Magnolia Signature Services provides notary services only and does not provide legal advice.
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