Notarizing A Power Of Attorney With Multiple Signers
By Tiffany V.
Published on 03/01/2023
KEY TAKEAWAYS
- Remote Notarization Flexibility: With NotaryLive, signers can be anywhere globally, while notaries must be in their commissioning state
- POA Convenience: Notarize Power of Attorney documents easily with NotaryLive, even with signers in different locations
- Streamlined Process: NotaryLive offers efficient, secure online notarization for POAs, accommodating multiple signers and locations
While the Notary must be physically located in the commissioning state during a remote notarization, the signer can be located either inside or outside the state when the remote notarization takes place – or even in a different country!
1. What is a Power of Attorney (POA)?
A Power of Attorney (POA) is a legal document that authorizes another person to act on your behalf in various situations. The person who creates the POA is known as the "principal," while the person appointed to act on their behalf is referred to as the "agent" or "attorney-in-fact."
A POA can be useful if the principal becomes unavailable or unable to make decisions due to illness, incapacity, or absence, and needs someone to handle their affairs. The agent appointed under a POA can have a range of powers, which can be broad or limited depending on the principal's preferences.
POAs can be created for different purposes, including financial matters, such as managing investments, buying or selling property, and conducting banking transactions, and healthcare decisions, such as making medical decisions or choosing a treatment plan.
There are different types of POAs, such as durable and non-durable POAs. A durable POA remains in effect even if the principal becomes incapacitated, while a non-durable POA terminates if the principal becomes incapacitated.
When creating a POA, it is crucial to carefully consider the agent to be appointed and ensure that they are trustworthy and competent to carry out the principal's wishes. It is also recommended to seek the guidance of an attorney to ensure that the POA is legally valid and meets the principal's specific needs.
General Power of Attorney Form
2. Can Multiple Signers Be In Different Locations?
NotaryLive takes precautions & security measures to correctly identify each signer with state-of-the-art Identification Technology. The notary will confirm the identity of the signers, witness the signing of the Power of Attorney document, and notarize the document in compliance with state or jurisdictional laws.
If all signers are physically in the same room, you can proceed with a single notarization session. In this session, you will need to indicate the total number of signers (excluding the notary officer) who are physically present.
If all signers are in multiple locations, the first signer can participate in a notarization session and then send the completed document to the next signer. The next signer will then need to have the document re-notarized in a separate session that includes their signature.
Please note that witnesses are different from signers. Laws and regulations may differ by the state when it comes to having a witness in a different location from the signer. Witnesses have to be in the same location when having a remote online notarization with NotaryLive. Here is more information on witnesses for a durable power of attorney.
3. How To Notarize A POA Document With NotaryLive
When it comes to notarizing a Power Of Attorney document, signers can either be in the same location or in multiple locations.
With NotaryLive you can:
1. You can easily upload the document needing notarization.
2. Connect with a licensed online notary public via audio-visual technology. (As previously mentioned, if all signers are in the same room, this can be one notarial session which would be $25. As for multiple, this would have to be several, separate, notarization sessions according to how many signers there are).
3. The notary will electronically notarize your document. This ensures that your POA is legally recognized and accepted by the relevant authorities. If there are more signers, you may forward the completed document to them for a re-notarization.
With remote online notarization (RON), getting your POA remotely notarized with NotaryLive can help you meet any necessary industry requirements in a timely manner.
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FAQ For Power Of Attorney
- Can a power of attorney be given to two persons?
- Yes. It is possible to name multiple people as your power of attorney. Some scenarios may benefit from having co-agents, such as the appointment of two children to share responsibilities and avoid asset disputes. Consider designating one person as the major representative and another as the secondary representative to reduce agent disputes.
- Can a power of attorney sign a marriage license?
- Generally, a power of attorney cannot sign a marriage license on behalf of another person. Marriage licenses normally need the presence and permission of both parties to marry. If one of the partners cannot be physically present, additional legal preparations (such as getting a marriage license via proxy) may be required. For specific instances, get legal assistance and refer to local legislation.
- Can a power of attorney sign a will?
- No. Unfortunately, it is not permissible for a power of attorney to sign a will on behalf of the principal. A will is a document that details the distribution of an individual's assets after they pass away. A will must be created and signed with the direct involvement and consent of the testator, who is the person making the will.
- How do I notarize a document signed by two people in different locations?
- Notarize one signature and validate identity first in front of a notary public. Next, have the notarization of the second signatory and validate identity in front of a notary public. This way, the signatures of both parties are securely notarized, even if they appeared before different notarized at different times and in different places.
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**Legal Disclaimer We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.**
Relevant Blogs
- Does My State Allow Remote Online Notarization?
- Is a RON document considered the original?
- What is the Difference Between an Acknowledgement and a Jurat?
- Remote Online Notarization Vs. Remote Ink Notarization
- How to Notarize An Affidavit Online
- What Kinds of Deeds Can Be Notarized Online?
Updated Date: 12/13/2024