It is a common
misconception that simply having a document like a Will or POA in your
possession is enough to have it considered by a court of law. While there are
certain situations where this may be acceptable, the best course of action
would be to just go ahead and notarize it now so that there is absolutely no
confusion of its validity in the future. In this article we will discuss how to
make sure your POA is valid and what notarizing your POA will look like.
Before we start you may want to take a look at one of our other articles to get a better understanding of what exactly a POA is and what they are used for. Click Here: Do I Need A Power of Attorney? - H2S Notary
Ready? Here we go.
How Do I Ensure My POA is valid?
In Texas there are two true options:
Number One, you can have your POA signed in the presence of two witnesses OR
Number Two, you can have your POA signed in the presence of a notary.
Now before you just jump up and say ”let me go get two witnesses,” there is more you need to know! This rule applies to a medical power of attorney. Remember in that other article we talked about there being different types of power of attorney? (No? Click to read about it: Do I Need A Power of Attorney? - H2S Notary) Well, not all POA’s follow this same “2 witnesses are fine” guideline. So make sure you ask your attorney what the rules are for your specifically drafted document. See why I suggested just getting it notarized? (Read more about this topic: https://raniacombslaw.com/resources/does-my-medical-power-of-attorney-need-to-be-notarized)
I decided to notarize my Power of Attorney, what should I do next?
I’m glad you decided to err on the side of caution. Here are your next steps:
- Talk to an attorney about your POA needs and have them draft the document for you (please note a notary cannot draft it for you or tell you how to make one on your own. It’s better to seek legal counsel if you have not already)
- Schedule an appointment with a notary once you have your document (For more on this process click here: )
- Meet with the notary and have the document notarized (Do you want to see what the actual appointment could like? You tube Click here)
- Make copies of your document. I suggest three and if your like me, you always keep one as a digital file. (Yes, on the computer!)
- File your completed document in a safe space.
That’s it folks! Easy Peasy!
Let’s do a quick recap on how to get a POA notarized.
- Have your legal team draft your POA
- Schedule a notary appointment
- Get it notarized
- Make copies
- Keep original in a safe place (filing cabinet is my favorite)
Are you ready to get your POA notarized or do you still need to talk to legal to get one drafted? Give us a call (or click here; Notary Appointment Scheduler (h2snotary.com)). And just to be clear, you don’t have to be in Texas to connect with us. We will connect you with an attorney in your state (for free, no commitment necessary) and when your ready to notarize, we are authorized by the state of Texas, to conduct your notarization completely remotely…. That’s right, we can notarize your POA with the help of zoom and other encrypted software that’s super easy to use. (Click here for blog on RON)
Hope this was helpful!
Sincerely,
Monica Hopkins, Notary Public
“Here to Serve”
For more articles like this, check out our blog home page: Blog - H2S Notary