Posted by Ronald B. Glazer on 9/9/06 2:58pm
Msg #144769

power of attorney doc.

I have to notarize a power of attorney doc. for someone who lives in Venezuela and is giving POA to a local Floridian. Is their passport and the person who is getting the power of attorney as a credible witness suffient?

Reply by Charles_Ca on 9/9/06 3:09pm
Msg #144773

I don't really know Florida law and so I am just looking at this froma standpoint fo reasonableness. Hoepfully someone from Florida will respond. It wojld apear to me that the person receiving the POA would not be a credible witness because he has a pecuniary interest. This is solely my thoughts on the subject, I owld prefer to have someone witness the document who was not a beneficiary. Hopefully you will get a truly esponsible answer shortly.

Reply by Ronald B. Glazer on 9/9/06 3:27pm
Msg #144779

Thanks, could I get by with just the passport as enough ID?

Reply by PAW on 9/9/06 3:26pm
Msg #144777

As Charles said, a witness to the execution of the POA cannot be someone named in the POA or have any direct benefit (financially or otherwise) to the transaction.

The person who lives in Venezuela, the grantor (the one who is granting the rights and powers to the attorney-in-fact), must execute and sign the POA. Typically, the attorney-in-fact (or grantee, recipient) does not sign the POA document as they are the one receiving the power.

Most often, the notary cannot act as a witness either, as the witnesses signatures may need to be notarized as well as the principal's.

Reply by Ronald B. Glazer on 9/9/06 3:29pm
Msg #144780

Do you know if just the passport is suffient or do I need the witness and passport?

Reply by Sylvia_FL on 9/9/06 3:45pm
Msg #144788

Ronald
Read the statutes on acceptible ID.
b) a passport issued by the Department of State of the United States
c) a passport issued by a foreign government if the document is stamped by the United States Immigration and Naturalization Service.

So - if it is a US passport or has been stamped by INS (USCIS -Citizenship and Immigration Service now) then that is enough ID.

Reply by Sylvia_FL on 9/9/06 3:46pm
Msg #144789

Re: power of attorney doc. - also

Of course, the person whose signature you are notarizing has to appear in front of you

Reply by Ronald B. Glazer on 9/9/06 3:50pm
Msg #144791

Re: power of attorney doc. - also

Thank you Sylvia, you've helped me again

Reply by PAW on 9/9/06 3:48pm
Msg #144790

Depending on how the POA is drafted, whether or not witnesses are required. Many Limited Power of Attorney instruments do not need a witness simply because the document limits what the AIF can do, and usually has an expiration.

Durable POAs, on the other hand, especially those concerning healthcare, most often do require witnesses. As a matter of fact, most states have very strict wording requirements for POAs for healthcare, to the point that some states absolutely require certain formats and paragraphs to be included in the document.

I suspect that you will see if witnesses are required simply by looking at the document.

Reply by Ronald B. Glazer on 9/9/06 3:52pm
Msg #144792

Thanks, this is a general power of attorney, it's for real estate. I'll call to find out if there is an area on the document with that on it. Thanks again.

Reply by PAW on 9/9/06 3:52pm
Msg #144793

If you are asking if witnesses are needed to identify the signer, no, as long a acceptable ID is presented as per F.S.A. 117, which a passport issued by the US or stamped by the US Citizen and Immigration Service (aka INS) is acceptable as ID, if it is current.

Reply by TonyV on 9/9/06 4:01pm
Msg #144796

Is the doc needing signature the actual power of attorney? If this is the case, basic rule applies, you can not notarize without physical prescence of grantor.

If POA from grantor is from Venezuela, I would be leary of accepting as valid, without verification from Venezuelan Gov agency.

My non-legal recommendation is tha you tell your client to contact the nearest Venezuelan Embassy/Consulate to the US and have them notarize the POA as valid. - I have personally done this myself for own business documents of dealings abroad.

Hope this helps. Tony

Reply by PAW on 9/9/06 5:49pm
Msg #144816

I think the principal or grantor is here in FL, but lives in Venezuela. Therefore, the question about the passport. The grantee or AIF lives here in FL.

This is my understanding of the situation and I may be wrong.