Power Of Attorney, Signed, Witnessed, and Notarized Before It’s Too Late
Accidents and sickness are some inevitable life realities that can happen at any time. One moment you could be fine and in perfect health, and the next, you could suffer a catastrophic accident that may cause you mental, physical, or even psychological injuries. You’ll need a power of attorney. This is where mobile notary services come in. If you become incapacitated, your next-of-kin may need to make certain important decisions on your behalf. However, this does not always happen automatically.
This is especially true if you have a large estate or assets or anything that requires legal handling. Without the correct legal representation, your next of kin may have to go through a long and draining legal process to make certain decisions on your behalf, and this may hurt you and your family to some extent.
Furthermore, if you haven’t appointed someone to see to those decisions, the court will be compelled to appoint that person once you become incapacitated and you have no control or say over personal affairs. This could prompt you and/your loved ones to ask, “Where can I find a mobile notary near me? That’s where a power of attorney comes into play.
This process makes it easy for you and your family, saving you the pain, frustrations, and extortions that may arise if you don’t have a POA in place. This article discusses what a power of attorney is and why you need one while you are healthy. Here’s why it should be notarized, witnessed, and signed before it’s too late.
A power of attorney (POA) is a form of legal documentation which gives one person (an agent or attorney) the legal capabilities to act and make important decisions on behalf of another person, known as the principal. The agent or attorney may be granted a complete legal or limited authority to make the necessary decisions concerning the principal’s finances, property, or medical care.
A power of attorney is legally applicable if the principal is ill, or disabled, or incapacitated in one way or the other. It is also used when the principal cannot sign specific legal documents for financial transactions or formal decisions. A power of attorney can cease to be effective after a series of events or factors that makes it invalid. For example, this can be when the principal dies or when the principal regains their normal health and revokes it.
Sometimes a court may need to invalidate it, or when the agent is a spouse of the principal and they divorce, rendering the agent incapable of carrying out the detailed responsibilities. However, with a conventional POA, it becomes automatically invalid when the principal becomes incapacitated. A “durable POA,” on the other hand, stays in force as the agent manages the principal’s affairs even after they die. Again, a ” springing POA” takes effect only if and when the owner of the POA is incapacitated in any way. A medical POA gives the agent the power to make the necessary medical decisions for the incapacitated individual. All these are a few examples of a power of attorney
Understanding Power Of Attorney
If you are of ill health, be it mental or physical, you may end up in specialized long-term care. This may be at a hospice or asylum. Therefore, you should consider having a power of attorney put in place before you are taken into long-term care.
There are different types of power of attorneys which fall under two different categories of POA. These include general power of attorney or limited power of attorney.
General Power Of Attorney This type of POA notary public service allows the agent or attorney to oversee all matters pertaining to the principal’s healthcare, finances, or properties as per state regulations. Under the general POA agreement, the agent is legally authorized to handle bank accounts, property sales, signing checks, disposing of assets like stocks, filing tax returns, etc.
Limited Power Of Attorney Under this POA notary public service, the appointed agent acts on behalf of the principal on specific issues and not every matter. For instance, it should be outlined in the POA that the principal should only handle the principal’s healthcare issues or finances A limited POA can also stay in effect for a limited time, usually a year or two, until the principal becomes available or fit enough to carry out their duties. Generally, most powers of attorney documents enable the agent to act on behalf of the principal on financial and property matters as long as the principal is mentally healthy. In the event that the principal becomes incapacitated in any way and unable to make their decisions, the POA agreement ends automatically. However, if the agent wishes the POA to remain valid after the principal’s health deteriorates, they should sign a durable power of attorney (DPOA). Bear in mind that an agent doesn’t have to be a lawyer or legal representative but can be any family member appointed by the court or the principal.
How POA Works
Since there are some things in life that you can never tell, it is good to always plan ahead when you are in good health physically and mentally. Therefore, when deciding to have a POA, ensure that it is signed, notarized, and witnessed before it’s too late. In Florida, all POAs must be notarized, and the principal must sign them. If you are not sure how to go about this, you can follow these steps.
Ensure the POA is put in writing and every detail spelled out clearly.
Use the proper format after determining the type of POA you want to create. Ensure every detail is in accordance with the state laws.
Identify the representative or agent and ensure they are clearly named in the document.
Delegate the papers to the agent after specifying the terms and durations.
At Notary Services of Pompano Beach, Florida, we offer notary services to all types of POAs in Pompano Beach, Florida. We operate mobile notary services 24 hours a day, seven days a week. We visit hospitals, homes, offices, or anywhere you may need notary services. We also bring along witnesses to oversee the process in cases you don’t have one. However, our services are only available to principals of sound mind. We cannot notarize or allow you to sign a POA if your mental health is questionable or if it’s been established that you are prone to mental health issues. We, however, encourage you to prepare and ensure that your power of attorney is signed, witnessed, and notarized before it’s too late. For more information on mobile notary services in Pompano Beach, Florida, contact us to schedule a sit down with our experts.