Power of Attorney

This has been prepared for notaries about the laws governing their duties and is not intended as legal advice.  For additional information or for difficult situations, it may be advisable to seek the advice of a licensed attorney.

The Power of Attorney must be signed by a principal who is mentally competent in the presence of the notary public and in the presence of two adult witnesses,  who must all sign the document.   If the principal is physically unable to sign, they may have another person sign for them.  In most instances, the notary may serve as one of the witness.

The witnesses must be adults and cannot be the Agent, the Agent’s spouse or children.

*A Power of Attorney may not be notarized unless the Principal is mentally competent at the time of the signing.  If there is any question regarding competence, it is best to obtain a physician’s written opinion that the Principal understands the document and the consequences of signing the document.  It is also advisable to review any competency issues with a lawyer, before hiring a notary public.