A Power Of Attorney may be restricted to a specific situation such as a real estate transaction or financial dealing or selling of some particular possession. This is a Limited Power of Attorney and the rules of authenticity are determined by the state.
POA Requirements For A Mobile Notary
Each state sets its own regulations for POA verification. Some require that a power of attorney be signed by two witnesses in the presence of a notary who then affixes the notarial seal to the document. Other states only require that the document be signed by two witnesses unless it involves financial assets such as real estate. In that case they require the POA to be notarized. Some states such as Utah do not require any witnesses, only that the document be notarized. Still some other states only require that the person granting the power of attorney sign the document for it to be legal and binding. Whether or not your state requires notarization and witnesses it is a good practice to do so to avoid issues at the time when the implementation of the POA is necessary. Also, if for some reason the person for whom the POA has been prepared moves to another state, having it signed by two witnesses and notarized makes it acceptable in virtually every state. It is not unusual for a closing agent or attorney to refuse to honor a power of attorney that has not been witnessed and notarized.
Health Care Power of Attorney
A health care power of attorney is a document that can dictate what medical and healthcare services should be used in the event of a medical condition, especially those that may involve removing life sustaining processes, procedures or equipment. It is typically a separate document that is not normally part of a financial POA. Two witnesses are usually required for a health care power of attorney and it is again best practice to have the document notarized to ensure it is implemented at the time of need.