You are given a document from your close neighbor. It is in his father's name. He says, no problem, I have a Power of Attorney from my father saying that I can sign for him. You inspect the Power of Attorney and it is current and applies to the document he is having notarized. You ask him how his dad is doing. He tells you that his father passed away two days ago. What do you do? a) Notarize the document and make a copy of the ORIGINAL Power of Attorney for your records. b) Refuse to notarize since the principal is deceased. c) Notarize the document as long as he writes his name as Attorney In Fact for his father. d) Refuse to notarize since you must have a personal appearance by the person named in the document.
The correct answer is B. You cannot allow the attorney in fact to use a power of attorney for a deceased principal. When the principal "expires" so does the power of attorney. How do you know? You ask the attorney in fact how the principal is doing. If they say they passed away, then you cannot notarize. What if they lie? You cannot eliminate all fraud but you can at least avoid honest mistakes. It is always best to trust your gut. If it doesn't feel right, it probably isn't. Refer them to a "more competent" notary. |