Notarizing a power of attorney involves the work of a notary public who authenticates and ratifies the identity of the person signing the document.
- A notary public or a legal authority also witnesses the document being signed.
- Notarizing any legal document helps deter crimes and frauds.
- Notarizing a document also assures others that the signature in the document is authentic.
A proper power of attorney requires the presence of two parties – the principal or the person signing the power of attorney and the agent- the person who is given the power to carry out the duties on behalf of the principal. It should be noted that in some jurisdictions, however, a proper power of attorney only requires the signature of the principal. The power of attorney gives the agent the power to help the principal take care of the financial matters and also take care of health care needs. The power of attorney then becomes operational and effective when the principal is ill or invalid mentally or physically.
If the principal dies, the power of attorney is revoked automatically. A notary public on the other hand carries out public functions and prepares acknowledgment that is attached to the power of attorney. A correct power of attorney requires the principal to appear in person in front of the notary public and append his signature on the document and then swear or affirm that he has done so willingly and without duress. The principal prefers to make the details of the document to take effect. After the principal signs the power of attorney and considers the provisions of the document as valid, the notary public witnesses the signing and also acknowledges the right to penalize the principal in case of a perjury and stamps his seal on it.
In case of a power of attorney for healthcare or personal care, it is often operational in conjunction with the living will of the principal. The document then states the wishes of the principal and states the end of life medical care facilities too. For further information about the notarization of your power of attorney, please contact Notarizers by email at Info@Notarizers.ca or by phone at 416-782-5926.