A power of attorney (POA) is a powerful legal document that grants someone else the authority to make decisions on your behalf. But what happens if this document isn’t notarized? While notarization is not necessarily required for a POA, it plays an important role in ensuring that the document holds up legally.
Why notarization is important for a power of attorney
Notarization helps verify the identity of the person signing the POA, preventing fraud and ensuring that the person signing is doing so voluntarily. Without a notary, there’s a risk that the document could be questioned in court or by institutions that need to rely on it, like banks or hospitals. Notarization is often seen as a safeguard against potential disputes regarding the validity of the POA.
Risks of an unsigned or unnotarized power of attorney
If a power of attorney is not notarized, certain institutions might not accept it. For example, a bank might refuse to honor a POA that isn’t notarized because they cannot verify its authenticity. Additionally, if the POA is ever challenged in court, the lack of notarization could weaken your case, making it more difficult to prove that the document is legitimate.
When notarization is not required
In Virginia, a power of attorney can be valid without notarization in some cases, especially for specific types of POA documents. For instance, a POA for healthcare decisions may not require notarization, though it may require witnesses instead. However, if you’re handling financial matters or real estate transactions, notarization is typically necessary to make the document legally binding.
What to do if your power of attorney is not notarized
If you realize your POA is not notarized, it’s good to have it notarized as soon as possible. You can visit a notary public to complete the process and ensure your document is legally valid. If the POA is already in use, consult a legal professional to understand the potential consequences.
Notarization helps protect your interests, making sure that your designated agent has the proper authority to act on your behalf without issues.
