Portland, OR asked in Estate Planning for Oregon

Q: How to sign and notarize medical power of attorney forms when principal and agent are not in the same state?

How do we get the forms signed and notarized when we are not in the same location? Do we both need our signatures notarized, or is it only the principal that needs notarization? Can I, as the agent, sign the forms and send them to her to be signed with a notary? I (agent) am in Oregon and she (principal) is in Vermont.

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: First of all, Oregon uses and advanced directive. I would seem that the person giving this medical authority is in Vermont and probably subject to Vermont's laws. So there may be some law in Vermont you need to read up on that controls how Vermont's form needs to be executed. I suggest you check with a Vermont based Attorney so you are sure you have the right form and you are executing it correctly.

Generally speaking it is not necessary to have the principle and the agent in the same location when a form is executed either for a power of attorney or an advanced directive which is Oregon's medical form. The principle just writes whe they want to have the power and then signs it in front of either witnesses or a notary. In Oregon the Advanced Directive doesn't require notarization but it does require two witnesses.

Then the appointed party normally has to sign that they accept the appointment. Whether there is a need to have that signature witnessed or notarized depends on the laws of the State that control the form. Oregon's Advanced Directive Form only requires two witnesses when the principle signs and there is no verification required for the agent's signature.

Mechanically the form can be completed by having the principle execute it and then fast mail it to the agent (the USPS overnight flat rate express priority mail envelope will get something delivered in 24 hours in most US locations.) Upon receipt the Agent signs the acceptance. I would then scan the original signed document and fax it to the doctor or hospital that needs to have it on file but the agent should retain the original. In my experience hospitals will accept a fax of an original. But again, my experience is based on Oregon Law and using Oregon Forms. So check with a Vermont Attorney on all of these issues.

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