Signing formalities involved in different states for general power of attorney
The document created for managing one’s finances and assets on behalf of the principal is known as general power of attorney. Each state in U.S. follow set of formalities which is different from one another. If you are residing in U.S. and wish to create a general POA then this article will be useful to you for knowing the signing formalities of different states.
In South Carolina the POA document should be signed with the same formalities as that of signing a will. Some other states observe the formality and rules that the POA need to be signed very much like that of deed of property. In Missouri it is essential to record and register the power of attorney. If you have given power to the agent for managing real estate then the deed has to be recorded. In Florida the general power of attorney document need not be signed before notary public. The same is the case with New York also where you need not go for notary to complete the signing formalities. However, in California the law makes you to sign the document of POA before notary public.
Thus each state the rules governing the POA are different. Anyway, it is for your safety that you should get the power of attorney document notarized before it is getting recorded and registered. This becomes all the more important if you have real property and considerable assets. It is advisable to get the document signed before notary public even it is not mandatory in your state. By doing so you are authenticating your signature to the agent on whose name the power of attorney is executed.
Apart from this formality, you can also get an affidavit from your physician to prove that you are mentally competent. It makes a lot of difference if you enclose an affidavit along with the document of general power of attorney.
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