Who Signs the Power of Attorney?
The power of attorney is a legal document that grants another person the authority to act on behalf of the donor. It is important to understand who needs to sign the power of attorney to make it legally binding.
The donor is the person who grants the power of attorney and is the first to sign the document. The donor must sign the power of attorney in the presence of a witness. The witness must also sign the document to confirm that the donor is the one who signed it.
The donor signs first. There may be multiple places to sign, including in Section 9 of the form and on any additional continuation sheets if extra space was required to record all the wishes. The witness to the donor’s signature signs next (usually the certificate provider).
The witness must be someone who is not related to the donor or the attorney-in-fact. The witness must also be at least 18 years old and must be mentally competent. The witness must sign the document in the presence of the donor and the attorney-in-fact.
The attorney-in-fact is the person who is granted the power of attorney and is the last to sign the document. The attorney-in-fact must also sign the document in the presence of the donor and the witness.
It is important to understand that all three parties must sign the document in the presence of each other for the power of attorney to be legally binding. If any of the signatures are missing, the document may not be valid.
In addition to the signatures, the power of attorney must also be notarized. A notary public must witness the signatures of the donor, the witness, and the attorney-in-fact. The notary public must also sign the document to make it legally binding.
It is important to understand who needs to sign the power of attorney to make it legally binding. The donor must sign first, followed by the witness and then the attorney-in-fact. All three parties must sign the document in the presence of each other and the document must also be notarized for it to be legally binding.