Posted by NJBare on 7/28/07 11:29am
Msg #202472

Notarizing for family? I need advice...

I need some advice....

My father has terminal cancer. He asked my sister-in-law, who works for a lawyer, to draw up a Power of Attorney. She advised my father that she would be able to notarize the document. It is my understanding that she cannot notarize the document. However, I do not want to rock the boat unless this could create ramifications down the road. I have no real understanding of the purpose of a POA, even though I am the one named on the document.

I am reaching out to the notrot community, because we are suppose to sign the POA today and I cannot contact my attorney for advice.

Thanks in advance!

Reply by Roger_OH on 7/28/07 11:57am
Msg #202475

It's never a good idea to have relatives notarize a document where they might have the slightest possibility of any personal/financial interest. An instrument as powerful as a POA certainly falls into that category. Best to find a notary completely removed from the situation (use the Find a Notary feature here on NotRot!).

My larger concern would be that as a signer, you say are not aware of what you are signing. Any competent notary would refuse to notarize until he/she is satisfied that you understand what you are signing and are doing so freely. Make sure you know what you're getting into and your responsibilities as specifed in the document.

Reply by Linda_H/FL on 7/28/07 12:22pm
Msg #202479

NJBare isn't signing the POA - his/her father is - but, concsidering these sensitive circumstances, I agree that the sister-in-law shouldn't be notarizing - I'd get an independent notary. JMHO

Bottom line though is check your handbook for guidance regarding notarizing for family.

Reply by NJBare on 7/28/07 12:36pm
Msg #202482

I haven't had a chance to read the POA so I wasn't aware that just my parents will be signing ted, I thought I had to sign as well as I am the party named. I agree that she should not notarize the document and yes she could potentially have financial interests. She's a notary and should know this, that is why I'm concerned, especially since we've had conversations regarding this very situation.

Truth is, I knew the answer, I just wanted confirmation from an unbiased source.

Geez.....I'm going to be unpopular again. I already caused a rife by finding an attorney elsewhere for them for their estate plannng. I guess I should read the writing on the wall and if that would cause discord, this situation certainly could prove to be disasterous.

Thanks for the feedback!!!!

Reply by Linda_H/FL on 7/28/07 12:44pm
Msg #202483

Here's my .02

Have a talk with your parents - without your sister-in-law around - explain to them that the POA is a very important document that grants tremendous authority to the attorney-in-fact - it must be prepared and executed in a way that will hold up under the closest of scrutinies - any hint of impropriety may be cause to nullify the POA, and having it notarized by only a semi-neutral party is not, in your opinion, the best solution. If they agree with you, then let THEM talk to your sister-in-law, express their appreciation for her help, and let your parents tell her themselves that they want to get someone outside the family to notarize it to avoid any problems.

Of course you know it's going to be your fault anyway but at least you know you did the right thing. YOU might also want to go armed with any wording from your notary handbook, or any TN POA law you can find, that would suggest that her notarizing it isn't such a hot idea...

By the way - not an attorney but have a lot of family that always wants something notarized..<G> And all of this is JMHO.

Good Luck!!

Reply by jojo_MN on 7/28/07 1:02pm
Msg #202484

You need to check with your state's laws as far as notarizing for family. Some states yes, some no. In Minnesota, we can notarize for family, but it is recommended not to. If you have financial interest in the transaction, it is never acceptable here.

Reply by NJBare on 7/28/07 1:40pm
Msg #202491

Thank for the advice eveyone

Linda - I am going to copy your response and take it along to show my folks for backup.

Reply by CJ on 7/28/07 2:46pm
Msg #202507

Two signatures is $20

That's how much you are saving by notarizing it yourself. If it is improperly notarized, it could goof up the power of all the paperwork. I say spend the $20.

I am not an attorney, but my understanding is a POA means your signature is as good as theirs. I would never give POA to someone unless I trusted them with my life, my money, my house, everything. This is very important that this is done correctly.

I understand when parents are elderly, sometimes they need this. For my father's Living Trust, and my mother-in-law's Living Trust, they have both set it up to require two signatures for everything. That way, one person can't get away with being evil.

My father chose me (to look out for his assets) and my stepbrother (to look out for my stepmom's assets), That way, neither one of us can clean out the estate. Fine with me. We are both honest.

My mother-in-law has only two sons. They are also the only heirs. But even though one is in Oklahoma, and one in Califorina, everything will take both signatures when she passes. That is the safest. Both sons are trustworthy, but when you are talking about an estate, you need everything on the up and up.

Get it done right, because you don't need legal red-tape when you can't get the signatures anymore.

JMHO. Take what you like and leave the rest.

Reply by Sylvia_FL on 7/28/07 2:54pm
Msg #202509

Re: Two signatures is $20 -Not in Tennessee

NJBare's location shows Tennessee. I bet they wished they could charge $10 per signature.

Reply by Paul_IL on 7/28/07 3:53pm
Msg #202514

Your father asked her because she works for an attorney. She offered to save the expense of finding another notary to handle the signing. From what you write you are the one being given the power of attorney allowing you to sign documents for your father should he be unable to sign himself. Is it a medcal POA? General POA?

As long a she or her husband are not the ones being given the POA there should be no issue. If your individual state allows Notaries to handle family Notarizations then it is not really a problem is it. As you are a Notary you should be aware of what your state allows.