565.8 Lenders MAY delete the words "Witnesses" and the two accompanying lines for witness signatures. The specific requirements vary between states, but under New York state law, the credible witness can be 1 or 2 person (s) and must be known to either the notary, the signer, or both. To meet the qualifications of a Michigan Notary Public, all the following must be met by the applicant. The courts in many states have held that: (1) one who is a party to an instrument cannot act as the notary public; and (2) the act of taking and certifying acknowledgments cannot be performed by a notary public who has a financial or other beneficial interest in the transaction. Additionally, to protect the principal the durable power of attorney can require an agent to not only account to the principal for their actions but also account to a third party designated by the principal. A Notary cannot perform a notarial act for a direct lineal ancestor or descendant family member on this list: The exercise of power or the performance of a duty that is unauthorized, unlawful, abusive, negligent, reckless or injurious. A Notary cannot certify or notarize that a record is an original or a true copy of another record. Common Questions About Notaries and Witnesses - LawDepot 700.5501 Durable power of attorney; definition; attorney-in-fact. I have been in this situation! Wed love to assist you! << Every state has specific rules regarding document witnesses. NSA Tip: Signature Witnesses Why and When | NNA In Michigan, a will must be in writing and signed by the testator and two witnesses in order to be valid, according to Michigan Compiled Laws section 700.2502. Note: A Notary public may perform notarizations for Aunts, Uncles, Cousins, former spouses and former in-laws. Unless it is stated clearly in your state's notary laws, close family members should not serve as witnesses to any legal document, even if they are not named in the document. Basically it is a reminder that an agent should not steal from their principal. Or, you can limit your agent's authority to do only certain things, such as sell your home. If you did not name a second patient advocate, then your health care POA would be revoked. The Michigan minor power of attorney form allows for the parent of a minor to designate an agent to obtain guardianship over a minor. If the identity of the individual for whom the notarial act is performed is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration for the credential. It is a certification on an affidavit declaring when, where and before whom it was sworn. Yes, a durable power of attorney may express your intent to make it effective immediately. /Pages 4 0 R (c) The full name and address of each individual for whom the notarial act is performed. Anyone interested in your welfare can ask the probate court to get involved, cancel the durable power of attorney, and either appoint a conservator to handle your affairs or enter some other protective order on your behalf.
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