Do you guys also have the person sign a sound mind attestation?
I’m thinking about adding one just for myself to cover me professionally for
a power of attorney signing…
No. You’re not a lawyer.
The signers affirm they are signing a document of their own free will already.
2 Likes
Agree. Let’s not overthink these differing conditions. Stick to the job assignment and the signing service’s instructions. Diverting can be trecherous.
1 Like
I would add to what Bobby-CA said above, “…and to your SOS’ laws.
1 Like
Do you mean a POA is being prepared? In this case we have to assess the capacity of the Grantor. If that person can be properly identified, they will still need to have capacity to sign the document. You will have to address the Grantor and ask them if they understand they are signing a POA. They must answer to the affirmative. If the signer is unable to comprehend what signing the document means, you cannot proceed. The POA will have to be obtained by court order and that is not in our hands. Obtaining a document that says the person is of sound mind is unnecessary as you would not have completed the document if they appeared otherwise.
2 Likes
May be a state-specific if thing, but not in FL or CT…anyone can get a POA form online, fill it out and have it signed and notarized. You can buy them at Office Depot/Office Max, Staples, etc …or LegalForms.com.
1 Like
Yes, Legal Zoom and the like have POA forms online, but if the Grantor is not cognizant a POA cannot be notarized. If the family wants to obtain a POA, they will have to go through more effort than printing out a form.
1 Like
Then you’re not talking about a POA - you’re talking about an entirely different scenario…the need for a guardianship or conservatorship (whatever is used in the particular state), which not only requires court approval and appointment but also requires sufficient medical documentation. Two very different animals.
1 Like