Here's a scenario that occurs frequently: You're asked to notarize a power of attorney (POA) for an individual who demonstrates uncertainty regarding the document's purpose, or who finds it exceptionally difficult to sign his name. Be warm, gentle, caring, compassionate, and considerate, but do not perform the notarization unless you are comfortable that he is not about to become an unwitting victim of others who are simply trying to take advantage of - and capitalize on - his compromised condition.
Ask him a few simple questions to gauge his levels of alertness and comprehension. Openly discuss with others in the room any concerns you may have. Don't take sides. You don't know what other peoples' motives are.
In my opinion, no other document is as important as a POA. Even the title is misleading. It's far more powerful than the name suggests. If you're not sure what to do, err on the side of caution.
Joel
http://www.drivenotary.com
http://www.sundancenotary.com
Saturday, October 18, 2008
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