Posted by Pierces Notary Services on 6/11/13 7:56am
Msg #472864

Is Louisiana a witness state??

I live in PA and have two individuals who came to me to notarize a power of attorney. In PA the agent does not need to be notarized but they brought a POA with an acknowledgement for the agent and it requires two witnesses. The Principal has a jurat, not an acknowledgement. I think their Louisiana attorney tried to do a PA POA. PA is not a witness state and we usually use an acknowledgement for the principal.

Reply by MW/VA on 6/11/13 8:57am
Msg #472875

IMO a state doesn't have to be a "witness" state in order for witness signatures to be required on some docs, like a POA. I've seen POA's here in VA that require witness signatures, even though VA is not a witness state. IMO it's not my call to make. I usually consider that we are executing a form as it's drawn, notarizing what's required, etc.
I understand why notaries won't notarize wills, etc. There was a situation here in VA where probate considered a Will invalid, because the witness signatures weren't notarized. The sad thing is that there's no way to get those situations corrected after the person is deceased. I fully understand why attorneys warn people about having documents that are properly prepared.

Reply by Pierces Notary Services on 6/11/13 9:41am
Msg #472888

The acknowledgement on the POA for the agent read something like "appeared before me and mentioned competent witnesses appearing before me so I would think I have to have them appear before me if that makes sense. They didn't bring any witnesses with them so they are coming back with one and I am hoping I can be the other witness.

Reply by Linda_H/FL on 6/11/13 10:50am
Msg #472894

Read the ack carefully - based on this - "The acknowledgement on the POA for the agent read something like "appeared before me and mentioned competent witnesses appearing before me " - I don't think you can be a witness. I think you're notarizing the witnesses signatures too. At least, based on what you wrote, that's how it appears to me.

JMO

Reply by MarcyLA on 6/11/13 11:56am
Msg #472908

Yes, 2 witnesses in addition to notary are required for LA POAs.