Posted by Anonymous on 9/30/05 1:41pm
Msg #68166

POA

Mother is ill with a crippling disease. Her signature doesn't match her passport photo does. Can I witness a POA with a credible witnesses? Can her daughter be one if necessary?

Reply by B__CA on 9/30/05 3:34pm
Msg #68190

Can you tell by looking at the passport picture that it is the same person? People's hand writing changes over the years, but they still look similar. I wouldn't deny notarizing for someone that is having a disability because of an illness. Nor would I use a daughter as a credible witness on a POA. Is she also the person named to use the POA? It is best to use someone outside the family if you have to use someone. What state are you in, it helps those that respond if you give this information.

Reply by Anonymous on 9/30/05 3:53pm
Msg #68193

NY-If daughter is on POA what about 80 year old spouse. I understand the disability is crippling the writting hand. She just came home from the hospital. I would have felt better doing it in the hospital. I beleive she also has a medicare card but that doesn't have a picture on it.

Reply by B__CA on 9/30/05 6:27pm
Msg #68207

Your laws regarding what you can accept are different than CA. When it comes to POA's I would not use a relative as credible witnesses. It may come back to bite you, or them in the long run. Ask if they have any friends or neighbors. What about the picture on the passport?

Reply by LMP on 9/30/05 6:15pm
Msg #68206

According to Ca law because of illiteracy or disability a person can instead use a mark "X" for example as long as there are two witnesses and they must also sign the doc, the journal and one of them must print the signers name beside the mark on the doc and the journal. Both witnesses should also sign the Journal. For documents filed in Ca they must also sign a statement on the doc confirming the particulars of the procedure. This is a Witnesses' Statement. You can find wording for this in the 2005 California notary Law Primer. Look up the laws of your state.