Posted by ON THE GO NOTARY - Brizeida on 11/26/12 10:02am
Msg #444608

Question on PoA

I don't have experience with poa in Ohio I have done some for a bank I used to work for in Fl but it was a very simple document. I'd be very greatful for any help. Thanks

Reply by Ilene C. Seidel on 11/26/12 10:23am
Msg #444612

So what is your question?

Reply by A S Johnson on 11/26/12 10:43am
Msg #444616

You I D the person(s) signing the doc.
You watch them sign it.
That"s you job!!!!!
Now to get down and dirity, I do not Notarize POA,s because they need
be state specific and in Texas when a Attorney draws up a POA his office generally does the Notary. I do have an exception of whene the Attorney is a disiance away and I am ask to do the Notary.
When you are presented with a signed POA to be used for signing Mortgage papers using a POA, then I refer to the person who hired me to see if they have been approved the POA. There is nothing for me to approve in using a POA.
If it is for an individual with a document, then I am going to accept it for the signing. But call the enity that is using the POA for the signature to see what wording needs to be on the sig line.

Reply by Clem/CA on 11/26/12 10:53am
Msg #444617

his office generally does the Notary

Um er ah, is that the whole office, or just the attorney?

Reply by Les_CO on 11/26/12 11:23am
Msg #444628

Re: his office generally does the Notary

Personally I never “do the notaries” that work in an Attorney’s office, unless it’s after hours and well away from the attorney’s office, they must also, promise confidentially, be female, and relatively attractive. JMO

Reply by Stephanie Santiago on 11/26/12 4:42pm
Msg #444660

...and he has a sense of humor.... n/m

Reply by Les_CO on 11/26/12 11:14am
Msg #444621

1/ Are you notarizing the signature on a document (PoA) of the person (principal) appointing someone their (agent) attorney in fact?

2/ Or are you notarizing the signature of someone that is signing for another using a POA?

If 2 in Ohio I’d use this form


John Jones
By Sam Smith (signature)
Sam Smith, his attorney- in-fact

Reply by ON THE GO NOTARY - Brizeida on 11/26/12 12:11pm
Msg #444637

wow! thank you guys for all your support. I don't really like doing poa thats why I haven't done any since I became a notary in Oh. However, is a close friend that needs a poa notarized for her husband to become his father's attorney in fact. His father is in early stage of alzheimer's disease. I would like to know if based on the father's condition do I need anything from the doctor? I trust my friend completely and have known about their situation for a while, I'm just thinking in terms of protecting them.
thank you guys again so much

Reply by VT_Syrup on 11/26/12 12:16pm
Msg #444638

A lawyer would be a good idea. The POA is really just one of several issues that can benefit from a plan put together by a lawyer who handles this area of the law. For instance, in most states, a normal POA becomes void when the principal is no longer mentally competent; a special POA is needed to take care of the affairs of a person with mental impairment. I went through this in TX.

Reply by Doris_CO on 11/26/12 1:05pm
Msg #444641

VT is correct. From personal experience I learned that a general POA will be invalid once the father, or in my case, my mother, is no longer mentally competent. There are POA forms that will be valid even though the grantor is mentally incompetent. A lawyer would be able to recommend the correct form to be used.

Reply by Les_CO on 11/26/12 2:36pm
Msg #444654

I would not ask a MD. I do think the family should seek the advice of an Ohio attorney on how best to proceed. Aside from that, if they do not wish to involve legal counsel, and have an Ohio approved PoA, I would say it’s up to you to judge if the signer, at this time, understands fully what he is signing, the authority he is giving, and what the consequences could be. Keep in mind that if there are other family members that could disagree with your judgment, you could end up explaining your actions to a judge.JMO

Reply by parkerc/ME on 11/27/12 9:20am
Msg #444717

Agree with Les. Family should see a lawyer. Worth the attorney fee to do that in this case. In my state, a Durable Power of Attorney stays in play even if (particularly if) the person ultimately becomes mentally incompetent. I must have a little Tightwad in me because I hate to fork out fees to an attorney for something that I think I can handle myself, but in this case I feel it's worth it and I am having an attorney prepare a DPoA for me. Definitely need an attorney if the question of mental capacity exists at the time of signing a PoA. Also JMHO.

Reply by parkerc/ME on 11/27/12 9:21am
Msg #444718

I think the title of my PoA is actually "Durable Financial Power of Attorney".