[MS] Can a signature notarized in another state be effective for a durable power of attorney?
I have created an Oregon durable power of attorney for my sister, who has early-onset Alzheimer’s. She lives in Oregon, I live in Mississippi. Can I have my signature notarized here in MS and then mail the form to my sister in Oregon for her signature?
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The short answer? You can notarize your signature in Mississippi and then mail the document to your sister in Oregon for her to sign before a notary there. Oregon law allows a durable power of attorney to be valid if properly signed and notarized by both parties, regardless of where each notarization occurs. You do not need to be physically present when your sister signs, as long as both signatures are independently notarized.
Here is the long answer: The Oregon Uniform Power of Attorney Act (ORS 127.005–127.045) accepts notarization from another state as valid if it meets that state’s requirements. Your sister’s notarization in Oregon will establish the authenticity of her execution, and your notarization in Mississippi will validate your part as the agent (Miss. Code Ann. § 25-34-1 et seq.).
Some template forms mention that both parties must sign together, but that usually refers to convenience rather than legal necessity. Having both notarizations done separately is legally sound as long as each section is properly dated and notarized.
Here’s what to do step by step:
- Complete your section of the form and have your signature notarized in Mississippi.
- Mail the original notarized document to your sister in Oregon.
- Have your sister sign and notarize her section in front of an Oregon notary.
- Confirm both notarizations include the correct state, county, and notary details.
I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
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I have created an Oregon durable power of attorney for my sister who has early onset Alzheimer’s. She lives in Oregon, I live in Mississippi. Can I have my signature notarized here in MS and then mail the form to my sister in Oregon for her signature?
Lexi, Chatbot
Have you already discussed this power of attorney arrangement with your sister?
Yes.
Lexi, Chatbot
Are there any specific requirements or concerns you have regarding the notarization process in Mississippi?
No, the question arose because the template says that I have to be present when the principal (my sister) initials and signs the form.
Lexi, Chatbot
Is there anything else the lawyer should know?
No.
Legal Eagle
Would your sister be able to sign and have her portion notarized in Oregon after receiving the form, or are you trying to complete the entire notarization before sending it to her?
I can either have my signature notarized first and then send it to my sister to sign before a notary, or vice versa.
Legal Eagle
Are there any witnesses required in addition to notarization for the Oregon durable POA form?
The form didn’t specify witnesses. A different template said the form could either be witnessed by two people or notarized.
Legal Eagle
Understood! So you're just wondering what you need to do here, correct?
Correct.
Legal Eagle
The short answer? You can notarize your signature in Mississippi and then mail the document to your sister in Oregon for her to sign before a notary there. Oregon law allows a durable power of attorney to be valid if properly signed and notarized by both parties, regardless of where each notarization occurs. You do not need to be physically present when your sister signs, as long as both signatures are independently notarized.
Here is the long answer: The Oregon Uniform Power of Attorney Act (ORS 127.005–127.045) accepts notarization from another state as valid if it meets that state’s requirements. Your sister’s notarization in Oregon will establish the authenticity of her execution, and your notarization in Mississippi will validate your part as the agent (Miss. Code Ann. § 25-34-1 et seq.).
Some template forms mention that both parties must sign together, but that usually refers to convenience rather than legal necessity. Having both notarizations done separately is legally sound as long as each section is properly dated and notarized.
Here’s what to do step by step:
- Complete your section of the form and have your signature notarized in Mississippi.
- Mail the original notarized document to your sister in Oregon.
- Have your sister sign and notarize her section in front of an Oregon notary.
- Confirm both notarizations include the correct state, county, and notary details.
I know it’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
Thanks, that is what I was looking for. Have a good day.
Legal Eagle
For sure! Did I thoroughly address your question? If you need more help, please let me know.
Legal Eagle
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