Most families don’t give a notary’s stamp on a power of attorney form much thought. That is, until some crisis comes along and they have to put to use a document they signed years ago and had all but forgotten. At that point they realize how much legal work that mark actually does.
At its core, a power of attorney gives another person the right to act in your stead, be it for medical or financial matters. But if you haven’t had it properly notarized, you will find that many institutions are uninterested in honoring it. You can be left at a loss when you need to make swift decisions.
Take the banks, for instance. They are very strict. Go in with an unnotarized form to get at a parent’s account in the middle of a medical emergency and the teller will politely put you off. They have their own liability to consider and will always side with caution rather than risk invalid paperwork.
Hospitals may be a little more lenient with a medical power of attorney in a genuine emergency, but why take the chance? It is a poor gamble to count on staff making exceptions when a bit of foresight with a notary would have obviated the problem.
Then there is the matter of timing. You must be of sound mind to sign these papers. Put it off too long and a medical event or dementia will cloud your judgment; then the document is open to being legally challenged, and not infrequently by family who don’t like what they see.
The notary does more than just put a stamp on the page. He or she makes sure you are signing freely and aren’t being put upon by an overzealous relative. It is a safeguard against any claims of down the road that you were manipulated.
People tend to mix up the different varieties. A general one is quite broad, while a limited version might only let you offload a certain piece of property. If you are planning for the long term you want a durable power of attorney so it holds up should you become incapacitated. Some prefer a springing power of attorney which doesn’t kick in until a doctor has certified you can no longer handle your own affairs.
Do yourself a favor and have the document done right. Keep copies where those who need them can get to them and check in on it from time to time. When an emergency strikes without warning, an old power of attorney gathering dust in a drawer is of no use to anyone.