Which signatures on a power of attorney need to be notarized?
The wording at one point is a bit confusing: where it reads "I further declare I am not related to Steven I Waldman by blood, marriage, or adoption, or a person designated to make medical decisions on their behalf. I am not directly involved in providing healthcare to the person signing," should it read "nor to a person designated," or rather, "nor am I a person designated"?
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Who's signature gets notarized depends on the particular form, but if there are three notary acknowledgments, then all three people would sign. However it doesn’t have to be the same notary that witnesses each signature. So the principal could sign in front of notary 1, the agent could sign in front of notary 2, and the successor could sign in front of notary 3 if it required all three to sign.
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The wording at one point is a bit confusing: where it reads "I further declare I am not related to Steven I Waldman by blood, marriage, or adoption, or a person designated to make medical decisions on their behalf. I am not directly involved in providing healthcare to the person signing," should it read "nor to a person designated," or rather, "nor am I a person designated"?
Lexi, Chatbot
I understand that legal wording can be quite confusing. Can you tell me what specific document or context this wording is related to?
Notary Acknowledgment in the Medical Power of Attorney
Lexi, Chatbot
Have you already consulted with anyone regarding this wording, or is this your first time seeking clarification?
First time
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your document wording.
Just a second question: Is the notary only notarizing the signature of the Principal, or also the signatures of the Agent and of the Alternate Agent? I ask because the first two live in CO and the Alternate Agent (that’s me) lives in IL, and we don’t know if once they’ve notarized the document, they have to send it to me here in Illinois so I can get my own signature notarized.
Barrister
Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.
Barrister
If that language is in the notary acknowledgment then that is the notary making that assertion that they are not related to the person in any way shape or form. So the notary has to be completely unrelated to the individual who is signing in front of them. So basically they don’t want Steven’s brother or sister or child being the notary.
Also, in Last Will and Testament, page 2, section 6 Personal Representative: a.) Discretionary Powers, 1.) reads: "1.) To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative ..." What does proper mean in this sentence?
Barrister
Who's signature gets notarized depends on the particular form, but if there are three notary acknowledgments, then all three people would sign. However it doesn’t have to be the same notary that witnesses each signature. So the principal could sign in front of notary 1, the agent could sign in front of notary 2, and the successor could sign in front of notary 3 if it required all three to sign.
Barrister
Proper in that sentence just means that they manage all of your assets on behalf of the estate and the beneficiaries as long as the estate is open.
Barrister
Did you have any other questions about this situation I can help with?
I’m asking specifically about the phrase about the notary not BEING a person designated to make medical decisions on their behalf - or does it mean not being RELATED TO a person designated to make medical decisions on their behalf?
But on the Medical Power of Attorney, there is only one Notary Acknowledgment and it refers only to the Principal, not to the Agent(s), so it seems the Agent(s)’ signatures do NOT have to be notarized.
Barrister
"...or a person designated to make medical decisions on their behalf. I am not directly involved in providing healthcare to the person signing."
It means not connected in any way to whoever’s signature they are witnessing. So if someone is a notary and a POA for the person who is signing… they can’t notarize the signature because they are an "interested party." If they are the person’s doctor… and a POA… they can’t notarize the signature. If they are the brother… and a POA… they can’t notarize the signature… and so on.
Barrister
But on the Medical Power of Attorney, there is only one Notary Acknowledgment and it refers only to the Principal, not to the Agent(s), so it seems the Agent(s)’ signatures do NOT have to be notarized. Then just the principal signs.
Barrister
I hope I was able to help with any questions you had about the situation. It was my pleasure to work with you and help with your question.
Thank you.
Barrister
You are very welcome.
Barrister
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