Please allow to describe the dispute the banker presented, then if this not sufficient, then I'll try the scan. Everything is in order I was told with the exception of the last page. There we have: STATE OF NEW MEXICO COUNTY OF BERNALILLO ss: This instrument was acknowledged before me on this 17th day of June 2000, by Mike Ahlers. Official Seal and Notary Signature: Mike Ahlers
This document was prepared by:
Stuart Gottlieb, Atty (deceased)
Theie argument is it should have mother's name in acknowledgement area.
NMSA 45-5B-105. provides, "A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments."Based upon the statement above, it would appear that a power of attorney in NM requires the signature of the principal in a section of the instrument as making the appointment -- followed by a second signature of the principal showing that they have acknowledged their original signature before a notary public -- unless the instrument was signed before the notary public at the same time as the acknowledgement was made.
The proper form of acknowledgement is as follows (NMSA 14-14-8):
Hope this helps.
It does. I failed to describe the following: There are 4 pages, each initialed by my mother. The 3rd page has her signature, date, time and initial after the following: This Power of Attorney shall become effective immediately, and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent (me)
It was signed in the presence of attorney and notary, who signed on the next page (4th), which was initialed by mother. No space on the 3rd.
Yes. You remain a fantastic help. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).