HELP, With This POA Question??
Q: I have always been told how important it is to have something important NOTARIZED otherwise it is worthless and invalid, such as a WILL or a POWER of ATTORNEY. However, my cousin, who resides in New Jersey just went to the hospital with his ATTORNEY to see his dad who appointed my cousin as DURABLE P.O.A. This was signed in the hospitalin front of the lawyer as witness. When my cousin aske the lawyer whether this should have been done in front of a NOTARY PUBLIC the lawyer told him it wasn't necessary because an attorney witnessed it. IS THIS TRUE or BS? I have always had it hammed into my head to ALWAYS have important documents NOTARIZED otherwise they are worthless. Is this lawyer full of it? Does a lawyers signature as witness actually replace the need of having something notarized.
A: -Some states do, indeed, have provisions which allow documents such as wills and POA's to be witnessed by an attorney. I don't know NJ law on this point so the attorney may very well have been right. In any event, for a will, signing in front of a notary is an excellent idea because it makes it much easier to get the will admitted to probate. The formal requirements for signing a will (like number of witnesses, qualification of witnesses) depend on state law. If not notarized, you may have to track down the witnesses and have them sign affidavits, or even attend a hearing and testify, that they saw the person sign the will. -Not true as to most estate documents. For instance, a will is valid in Michigan if it has two witnesses who are not interested parties in the estate, whether or not one is a notary public. Very likely true, depending on New Jersey statute. The power might not be valid out of state, or last beyond the patient's death even if the form says "durable," but that does not matter to the hospital at this point. Your cousin has full power over health care decisions. If your father is lucid, he can revoke the power at any time. - have always been told how important it is to have something important NOTARIZED otherwise it is worthless and invalid, such as a WILL