Can a family member who is a notary draw up a POA for another family member to sign?

Question

It seems to me that such a thing should be illegal, because it would be the easiest way for a conniving, deceitful family member to take advantage of another weaker, naive family member. Shouldn't there always be a 3rd party involved to make sure that everything is on the "up & up" (that 1 family member is not either faking the signature of perhaps an elderly or mentally ill family member or simply tricking that elderly or mentally ill family member into signing the document)?

***My mom was embroiled in legal matters in regards to my mom's deceased husband's estate. My mom's 1/2 sister was helping my mom out, because my mom isn't good with that kind of stuff. My mom's 1/2 sister would place all sorts of papers in front of my mom for my NAIVE, TRUSTING mother to sign. My mom simply signed these documents (without either reading them or comprehending them) because she trusted her sister. She appreciated the fact that her sister was helping her to achieve financial freedom.

In 2008 my mom called me up (in tears) & said that her sister had informed her that she had a POA on her. My mom had no recollection of signing such a document. Both my mom & I were upset by this news, but we assumed that the POA only took affect if my mom was incapacitated in some way (in the hospital or something), so that there would be somebody to pay my mom's bills.

Very recently my mom went to her bank & requested a copy of that POA. I got a hold of it & (to my horror) discovered that it was an IRREVOCABLE POA. This document is the strongest POA one can draw up. Basically it makes the POA you. You no longer own any of your assets. Your POA owns everything. You should always think long & hard before ever giving another person that much power over you. I think that anybody sensible could "see" that a woman who had already drawn up a will that left her only child everything she owned would NEVER sign an IRREVOCABLE POA?

My mom had no idea what she had signed. She is a beautiful & trusting soul CURSED with a sister who doesn't care at all about her (as I sadly learned firsthand). My aunt can (at any time) LEGALLY sell everything my mom has (valued at about $200,000) & that aunt admittedly hates my guts.

The only thing that I guess I could "pray" for is that any sensible person can see something EXTREMELY FISHY in a notary creating a POA for his wife that gives her total power over her sister & lists the 2 sons of the husband & wife as the WITNESSES? This is everything that I found out by carefully examining this document. It seems to me that it should not even be legal for family members to draw up POAS for other family members to sign? To me-this is just asking for deceitful scenarios to occur.

Answer 1

Legal aid would probably be your best source of information since you can't afford a lawyer. However, from your description, I would think that a notary cannot notarize their own documents. It is either illegal or unethical. To assign POA, your mother would have to have her name and the 1/2 sister's name on the document.



A notary has to be a disinterested third party who actually WITNESSED the signature in person. 1. MAY I NOTARIZE MY SPOUSE'S SIGNATURE?

2. MAY I NOTARIZE FOR MY SPOUSE'S BUSINESS?

3. MAY I NOTARIZE FOR MY RELATIVES?



The basic rules are: the act of taking and certifying acknowledgments cannot be performed by a notary public financially or beneficially interested in the transaction; and one who is a party to an instrument, cannot act as a notary public. There is no specific prohibition against a notary public notarizing another spouse's signature or a notary public notarizing for a spouse's business. The facts in each situation will determine whether such action is proper.



Since her husband does have a financial interest in his wife's gain (community property), his notary is invalid. Contact your state's notary commission (or whoever controls the notary) and advise them. They maybe able to give you guidance. If your mother was not administered a sworn oath (that is is the person on the documents) by the notary, the notarized documents are invalid. Again, you must sign the documents IN THE PHYSICAL PRESENCE OF THE NOTARY. Cannot be done by proxy.

Answer 2

Dan B did a good job in providing the answer. I was going to give him a thumb up.. but i am not yet at level 2. YOu can read my response below for fun, but for better info, I think Dan B got it.



I believe that you may have a contestable case here. I am not an attorney but did dealt with similar situation. You should also not to take my suggestions at its face value.. rather, do a bit more follow up by talk to someone who is a notary public (they will provide advice for free). But do talk to a few of them, because I notice not all NP know all the facts (just like learning math, we all took algebra class in high school, but not everyone got an A).





I would file a complaint pleading to the agency that regulates NP about your aunt and contest the document's validity. Additionally, craft your case and present it to that agency that regulates NP to nullify your aunt's ability as a NP in executing the document. Most importantly, I believe NP can not be a beneficiary to the document intended (even via marriage), let her be a relative or not. Also, in some states, a contract that involves realestate also has to be have the language that the document has to have an attorney review period stated on the contract in order for it to be legit. In sum, the cheap way would be to learn about the rules about being a NP and cite the violation of the rules to contest the legitimicy of the document signed. ONce you have the agency declare that there was misconduct, then whatever your mom signed that having your aunt as the beneficiary will be nullified and never will be able to stand in court. There may even be possible criminal charges that can arise against your aunt... if you can have a DA to look at your case. I am just speculating here, the most important thing is to get that document void. In some cases, you may not even have to do all the things mentioned, if you contest it in the court I think some judges may even take a look it and recognize it is not legit and rule in your favor... in reality, that would be all you need.

Answer 3

Anyone can draw up a Power Of Attorney. You don't have to be a lawyer.



However, everything that is in the POA must be legal and beneficial to the recipient and that is where the expertise of an attorney comes in. A legal document signed by all parties that contains something that is against the law becomes invalid or partially invalid as a result of the illegal item or items. In other words, you couldn't draw up a written agreement to sell cocaine, have all parties sign it and expect that selling cocaine in now legal or use the document to collect from someone who didn't pay for his share of the coke.

Answer 4

you're asking 2 questions. A notary can truly ensure that the guy signing a rfile is who they say they are. The notary can't signal for or in selection to a chum.