Posted by Diane Ludwig on 4/25/07 12:23pm
Msg #186889

California - Power of Attorney Question

When the person giving power of attorned is unable to sign the document what needs to be done to legally complete the document? Thanks

Reply by DogmongerCA on 4/25/07 12:33pm
Msg #186892

Review page 14 of the CA notary Handbook

This should solve your problem.

Reply by Larry/Ca on 4/25/07 12:50pm
Msg #186894

Is the person giving (principal) the POA unable to sign, or do you mean the person with the POA for the principal unable to sign? Your question is not clear. If like you stated it is the person giving the POA, no problem, the person with the POA signs. If it's the person with the POA for the principal that is unable to sign, then that's a problem. They cannot sign because they are not there, physically unable or what?

Reply by Larry/Ca on 4/25/07 12:55pm
Msg #186896

Sorry, I might have misunderstood....

Is this the POA document itself you are to notarize the signatures on?

Reply by Diane Ludwig on 4/25/07 3:16pm
Msg #186940

Re: Sorry, I might have misunderstood....

Yes, The person who is giving the power of attorned to her son is in the hospital and may not be able to sign the power of attorney document.

If she is not able to sign and if I understood your first message, her son can sign only. Correct?

Reply by Lee/AR on 4/25/07 3:43pm
Msg #186948

No! Re: Sorry, I might have misunderstood....

If the lady in the hospital is incapable of signing the POA doc, POA has NOT been given to anyone else to sign in her place. Son cannot (if I understand what you said) sign the POA in her place. She alone must be able to sign...even if it means making a mark...and understand what she is doing. Touchy situation you have going here. Watch yourself. Person granting POA to someone else must be aware, competant, know what they are doing when they sign the POA.