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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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What steps need to be taken after signing a poa?

Customer Question

What steps need to be taken after signing a poa?
Submitted: 1 year ago.
Category: Family Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, thanks for your inquiry! I have been practicing family law for 17+ years and have specific experience with issues like yours. That being said...

Can you clarify from whose perspective? I.e. the Recipient of the Power or the Subject? And what does that person want to accomplish?
Customer: replied 1 year ago.
I am the assigned agent to act on behalf of my mother. She no longer wishes to be bothered by financial issues, she doesn't even want to sign checks anymore. So she signed a durable power of attorney form which was witnessed by 2 care givers not relatives. The form was not notarized.
Expert:  AlexiaEsq. replied 1 year ago.
Good morning, and thank you.

With regard to your post:

What steps need to be taken after signing a poa?

Optional Information:
Country relating to Question: United States
State (if USA): Ohio

 


I am the assigned agent to act on behalf of my mother. She no longer wishes to be bothered by financial issues, she doesn't even want to sign checks anymore. So she signed a durable power of attorney form which was witnessed by 2 care givers not relatives. The form was not notarized.


You will need to re-do that - get a new form and get it notarized, which meant signed by your mom in the presense of the notary, who will acknowledge that signing. The point of the notary is that a state authorized professional with a legal obligation to be honest and accurate (else lose her job and / or go to jail) will be checking the identification of your mom, and also observing and confirming that she is an adult and appears to be of sound mind and capable of 1) knowingly signing/witnesseing and/or 2) consenting to to giving this power (your mom). Without notarization, I don't see any entity acknowleding your POA. Note also that some entities simply don't accept POAs, such as the Social Security Administration, who require either 1) a SSA-1696 Appointment of Representative and/or 2) that you be chosen by the SSA to be your mom's Representative Payee (so you handle her SSA funds on her behalf.

The following section gives you the language you can use for this POA:
http://codes.ohio.gov/orc/1337.60

And, you can have it recorded so that it can have clout with various legal entities, such as if a real estate related transaction may take place, etc.:

1337.06 Execution and evidence of power of attorney.

A power of attorney for the transfer of personal property or the transaction of business relating to the transfer of personal property, in order to be admitted to record as provided in section 1337.07 of the Revised Code, shall be signed and acknowledged in the same manner as deeds and mortgages under section 5301.01 (see below) of the Revised Code. When so executed, acknowledged, and recorded, a copy of the record, certified by the county recorder, with the recorder’s official seal affixed to it, shall be received in all courts and places within this state as prima-facie evidence of the existence of that instrument and as conclusive evidence of the existence of that record.


Here is the part about how the execution of a POA must involved that acknowledgement by the notary (easiest way), in case there are any doubts:

"5301.01 Acknowledgment of deed, mortgage, land contract, lease or memorandum of trust.

(A) A deed, mortgage, land contract as referred to in division (A)(2)(b) of section 317.08 of the Revised Code, or lease of any interest in real property and a memorandum of trust as described in division (A) of section 5301.255 of the Revised Code shall be signed by the grantor, mortgagor, vendor, or lessor in the case of a deed, mortgage, land contract, or lease or shall be signed by the trustee in the case of a memorandum of trust. The signing shall be acknowledged by the grantor, mortgagor, vendor, or lessor, or by the trustee, before a judge or clerk of a court of record in this state, or a county auditor, county engineer, notary public, or mayor, who shall certify the acknowledgement and subscribe the official’s name to the certificate of the acknowledgement...."


ProSeniors has a great site explaining this and providing online forms you can use:
http://www.proseniors.org/law_library/consumer/fpoa_home.html

Know that if your mom can't get out, there are usually "mobile" notaries that will travel to her location.

Good luck!

I hope this helps! Let me know if you need follow up before or after RATING me. And PLEASE know that my job depends on a POSITIVE rating now and at least an 8-10 feedback rating later. Thanks! I won't forget your support.

Sincerely,

Alexia Esq.



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AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11839
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Alexia, I guess I do have a followup question. If I get the poa notarized, then what are the necssary steps I need to take in order to let everybody know so to speak, so I can actually transact personal business on my Mom's behalf?
Expert:  AlexiaEsq. replied 1 year ago.
Hi again, and thank you for your follow up:

Alexia, I guess I do have a followup question. If I get the poa notarized, then what are the necssary steps I need to take in order to let everybody know so to speak, so I can actually transact personal business on my Mom's behalf? I'd probably get it recorded as noted in that statute above - you'd need to find out where that office is and the court clerk could likely tell you where that is. Other than that, make copies and show it to whoever needs to see it - i.e. bank, etc. , when you go there to do a transaction.

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