Posted by firegirl on 2/27/09 8:56am
Msg #278888
POA Wording
Had a signing by a POA last night, and it's been a while since I've had one. I had the lady sign her name "as POA for husband's name". Is that OK? I started second guessing afterwards. It was late and they didn't have the wording typed under the signature line.
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Reply by Dave_CA on 2/27/09 9:07am
Msg #278889
It is always best to get specific instructions as lenders differ in how they want this signed.
If I can't reach them I have the person sign, John Doe by Jane Doe his attorney in fact.
Not legal advice, not an attorney, yada yada yada...
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Reply by Lee/AR on 2/27/09 9:09am
Msg #278890
I've seen it the way you did it and the other way around (John Doe by Jane Doe, his attorney in fact). Once even had it typed in one way and then they wanted it re-signed (woohoo/2 fees) the other way around. As I see it, your chances of being correct for this co. are 50/50.
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Reply by rengel/CA on 2/27/09 9:14am
Msg #278891
Sorry, have to disagree...
Your concern is how your State wants it signed, NOT how the lender wants it signed.
My .02
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Reply by firegirl on 2/27/09 9:15am
Msg #278892
Keeping fingers crossed, and another question....
How is the name affidavit handled for the person who is not present? do they sign each AKA 'as attorney in fact'?
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Reply by firegirl on 2/27/09 9:21am
Msg #278895
finally got through to SOS....
either variation is fine, as is just a signature with POA in parentheses.
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Reply by TonyV on 2/27/09 9:24am
Msg #278896
Helpful link Re: POA Wording
You should always check with title or lender on preference. However, here is a great link with samples and accepted forms of POA signatures for all states (from Chicago Title in WI)
http://www.wi-agency.ctic.com/Slides%20&%20pdfs/Signature1.PDF
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Reply by Lee/AR on 2/27/09 9:37am
Msg #278898
Pretty neat, TonyV, but I do have a question about PA...
PA must use 'as agent for'.... really? You can't use AIF? PA notaries, is that right?
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Reply by lindetteh_PA on 2/27/09 10:11am
Msg #278899
Re: Pretty neat, TonyV, but I do have a question about PA...
I have done several POA and they usually state Atty. In Fact. I have never had one that said agent and I've never had a problem
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Reply by HARRY_PA on 2/27/09 10:34am
Msg #278904
Re: Pretty neat, TonyV, but I do have a question about PA...
That is correct. As of April 12, 2000, per Chapter 56 of Title 20-Pennsylvania Probate, Estates and Fiduciaries Code. The POA consists of three parts: the POA, notice and agents acknowledgment. To each his own.
Harry
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Reply by sue_pa on 2/28/09 9:34am
Msg #279059
Re: Pretty neat, TonyV, but I do have a question about PA...
Our state organization says that the agent (person granted the power) sign their own name. Under their signature they print their name and the word "agent".
POAs are VERY state specific. Somewhere, perhaps Florida, they don't even need to see the docuemnt. In PA, we are to not only look at it, we are to keep a copy (although I certainly don't, they actually recommend attaching a copy to every document that is signed with the POA). I do keep a copy. As Harry said, we had significant changes about a decade ago. We are to actually look at the POA and determine whether it is an 'old' one or a 'new' one and if it's new, be certain it is in compliance. I read on these boards where it is a general statement that a POA ceases upon the death of the principal. Not so in every case in PA (unless something has changed the past few years that I don't know abuot). In PA, the agent still has certain medical powers - perhaps regarding organ donations but I'm not positive.
VERY detailed, specific documents. VERY "dangerous" documents if given to the wrong individual.
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Reply by Tess on 3/1/09 5:05pm
Msg #279148
Re: ???
The DOS book I have, which was printed after 2000, has a sample acknowledgement that states "attorney in fact" is the way they want it??
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Reply by Tess on 3/1/09 6:12pm
Msg #279149
Re: See included website
http://www.dos.state.pa.us/bcel/LIB/bcel/20/9/uniform_act.pdf
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