This post is not intended to provide extensive information regarding Power of Attorney; it is intended to provide answers to common questions about signing a Power of Attorney document.
What Is a Power Of Attorney? (find further information at: https://bit.ly/2nsg0QG )
“A power of attorney is a legal document delegating authority from one person to another. In the document, the maker of the power of attorney (the “principal”) grants the right to act on the maker’s behalf as that person’s agent. What authority is granted depends on the specific language of the power of attorney. A person giving a power of attorney may make it very broad or may limit it to certain specific acts.
How Do I Execute A Power of Attorney?
Before executing/signing a Power of Attorney document, the Principal (person granting powers to an Agent) must be identified by a Notary using a Drivers License, State issued ID or a Passport. The Principal must then sign the Power of Attorney document and the signature must be notarized by the Notary Public. The signature must also be Witnessed by two persons who are at least 18 years of age and have been identified by the Notary. Witnesses cannot be attached to the Power of Attorney as Agent or Successor Agent.
What If The Principal Is On Sedative Medication Or Has Dementia?
Florida law requires that a person have capacity when signing a Power of Attorney. Capacity is subject to different meanings, but in the legal sense, it refers to the ability to make a rational decision based upon all relevant facts and considerations. https://definitions.uslegal.com/c/capacity/
A Notary is required to use his or her best discretion when determining if a person has capacity to execute a Power of Attorney. If the signing is taking place in a hospital or care facility, or if the Notary perceives the signer to be sedated, the Notary will ask the Principal questions to determine if they are coherent and demonstrate a reasonable capacity to sign. If the Notary is not convinced that the signer has capacity to sign, he will not proceed with the signing.
What If The Principal Does Not Want To Sign?
When signing a Power of Attorney, the Notary will ask the signer if they are signing of their own free will. If the answer is no, the Notary will not proceed with the signing.
What If the Principal Is Physically Impaired and Cannot Sign?
If the Principal is physically unable to sign or create a mark on the document, the Notary may sign the Principal’s name, with their permission.
To have your Power Of Attorney notarized at your location, call or text us at (813) 591-0820.
I am not an attorney. The information above is not legal advice and should not be taken as such.