Does a Durable Power of Attorney Need to Be Notarized?
A power of attorney is a legal document prepared by a person known as the "principal" or "maker. A power of attorney gives another person (the "agent") the legal authority to act on behalf of the principal. A durable power of attorney is one type of power of attorney and it should be notarized.
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Significance
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A power of attorney is a legal way to allow someone to act on your behalf in your absence or, in some cases, if you become incapacitated. The powers granted to the agent can be broad or specific depending on what type of power of attorney is executed.
Durable Power of Attorney
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Any power of attorney can be made "durable." When a power of attorney is made durable it means that the agent's powers survive the incapacity of the principal. Without a durability clause a power of attorney terminates when the principal becomes incapacitated.
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Notarization
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The principal should sign a durable power of attorney in front of a notary public. Aside from assuring that the signature is actually that of the principal, a notary can also attest to the principal's state of mind when she signed the document if it becomes necessary.
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