Can a durable power of attorney that shows a “PREVIEW” watermark still be notarized and considered valid?

Lexi, Chatbot

I understand that dealing with power of attorney documents can be quite complex. Can you please share if the durable power of attorney is currently in effect or if it has been revoked?

Lexi, Chatbot

Are you looking to have these documents notarized for a specific purpose, such as real estate transactions or medical decisions?

Benjamin

Hello, my name is Benjamin. I understand you're dealing with a situation where you need to have a durable power of attorney notarized for financial purposes. Could you provide more details about any specific concerns or questions you have regarding this? What do you mean it is in "effect" if you still need it notarized?

Benjamin

There are two separate issues:

1. Notarizing the Durable Power of Attorney itself. If your DPOA is “in effect,” that usually means:
   • The principal (the person granting authority) has signed it, and
   • It was notarized and/or witnessed according to state law.
   • If the DPOA was never notarized (or properly witnessed), then legally it may not yet be valid, even if everyone intended it to be effective. In that case, the principal must sign the DPOA in front of a notary (or witnesses, if required). (10 U.S.C. § 1044a)
2. Notarizing other documents that reference the DPOA. Once a DPOA is valid:
   • You (as agent) may sign financial documents on behalf of the principal.
   • Those documents can be notarized even though they reference the DPOA.
   • The notary is notarizing your signature (or the principal’s, depending on the document), not the DPOA itself. Typically, you would sign like: John Smith, by Mary Smith, Attorney in Fact.

Did that solve your issue? Please let me know if you have any further questions.