Power of Attorney
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that gives one person ( Agent or Attorney-in-fact) the power to act on behalf of another person (the principal) in specific legal, financial, or personal affairs. The principal decides the limits of the authority given, which can range from powers to handle multiple areas of life to limited responsibilities for a single task or situation.
Key Features of a power of attorney
- This can include managing finances, selling real estate property, making healthcare decisions or handling business matters
- The Principal defines the limits of the agent’s powers
Types of Power of Attorney Documents We Notarize
General Power of Attorney
Power of Attorney grans your agent a lot of of authority to manage various tasks on your behalf, such as managing real estate transaction, signing contracts or managing finances
- Key Features:
- Effective only while you are mentally competent.
- Can specify a start and end date.
- Uses:
- Managing property transactions, paying bills, overseeing financial accounts.
- Requires the principal (you) to remain mentally capable for the document to remain valid.
A Durable Power of Attorney expands its usefulness even if you, the principle, become mentally incapacitated, making it a great option for long-term planning
- Key Features:
- It must be created while you are mentally competent.
- Remains valid if you lose the ability to make decisions due to illness or injury.
- Uses:
- Financial Matters: Paying bills, managing investments, or overseeing property.
Healthcare Decisions: Often referred to as Medical of Attorney, This allows your agent to make medical decisions on your behalf, especially treatments and end-of-life care (Hospice) - Notary Pro Tip: Preferences with your agent should be discussed. Your beliefs should align with your agent.
- Financial Matters: Paying bills, managing investments, or overseeing property.
A specialized or limited power of attorney limits your agent power to specific tasks or situations
- Key Features:
Limiting the defined scope of authority
Clear limitations of power
- Limiting the defined scope of authority
- Clear documentation of limitations.
- Uses:
- Completing a single transaction, such as selling a car or signing specific legal documents.
Pro Tip: Work with your lawyer to define the limitation of your agent’s authority. The more detailed you are, the better your interests are protected.
Guidelines for Power of Attorney
Administering a power of Attorney does not have to be complicated. Here is a painless guide to help you make sure everything is done properly and legally
Principal’s Awareness
- The person signing the POA (the principal) must fully understand what they’re signing and agree to it of their own free will
- They should be coherent on the powers they are granting to the agent and responsibilities
Mental Competence
- The principal must be of sound mind when making decisions when signing.
- To avoid disputes, it’s sometimes helpful to get a doctor’s statement confirming the principal’s sound mind
Witnesses
- Under New York law, the principal must arrange witnesses. Witnesses need to:
- Be neutral (not related to the principal or the agent).
- Sign the document in the notary’s presence).
- Need help with witnesses? Steven Mobile Notary can provide professional witnesses for an additional fee. Please note, the notary public will not serve as a witness to avoid conflicts of interest.
Valid ID and Document Completion
- The principal must present a valid unexpired photo ID for identification.
- All parties, including witnesses, must be present during the signing.
- Make sure the POA form is fully completed with no blank spaces before signing.
Flexible Notary Services
Steven Mobile Notary offers convenient options like mobile notarization and emergency same-day appointments. If you need help navigating these requirements, don’t hesitate to reach out for guidance and support.
By following these steps, you will make sure your Power of Attorney is properly executed and legally valid. If you need assistance, feel free to get in touch!
Frequently Asked Questions
Most frequent questions and answers
What is a notary public?
A notary public is a state-appointed official authorized to witness the signing of important legal documents and administer oaths.
Can you notarize documents for international use?
We offer apostille services to ensure your documents meet international standards
Do you provide forms for notarization?
Absolutely! You can download commonly used forms directly from this page.
What areas do you serve?
We provide mobile notary public services across NYC, Nassau, Suffolk Counties, and Hudson County, NJ, as well as Remote Online Notary (RON) services.
