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PRESS: Why you need more than one Power of Attorney


The Power of Attorney (POA) document, when "unrestricted" conveys very broad powers indeed.
Date Released: 02/03/2009

Kenneth A. Edelstein    Why you need more than one Power of Attorney

As a New York Mobile Notary Public, I am often called upon to notarize a single Power of Attorney document. I always advise my clients to prepare multiple copies of the form prior to my arrival. The Power of Attorney basically allows someone else to sign your name on a legal document. You can specify exactly what the "powers" are granted. For example you can restrict your "Attorney in Fact" - the term used for the one who is granted the "power" - to signing the papers for the purchase of a house. The "Attorney in Fact" need not be an actual attorney - you can grant the authority to anyone.

The Power of Attorney (POA) document, when "unrestricted" conveys very broad powers indeed. Careful thought should be given to both what powers are granted, and the character of your representative. An unrestricted POA could be used to "sign you into" a mental institution! Remember you are granting authority to "sign your name." As this is such a profound document; and that someone else is legally signing your name, the POA is often kept upon use. For example: If you grant me the authority to go to your safe deposit box, the bank will retain the POA for their records. The bank will want to keep the original POA to substantiate that your access to the box was duly authorized.

Thus the POA is not a "show and go;" but rather a "surrender upon use" document. That is the reason several copies (each duly notarized), are most generally required. A Xerox copy of a notarized document is NOT a notarized document.  To manage the affairs of someone might require over a dozen POA's. Original POA's will be required by each bank, brokerage account, credit card account, etc. It is vital that the notarizations on each POA be preformed without the slightest flaw. My site http://kenneth-a-edelstein.com has tips, suggestions and checklists to make sure the notarization will stand up the close scrutiny always given to this most powerful of legal forms.

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