Q: Does a POA have to be signed to be valid? We signed the assignment section & notarized but didn't sign back page.
My brother has ALS. He cannot sign the POA back page. He signed the 1st page in 2019. It was notarized and we just simply skipped right over the back page signature. Is it valid?
A: It is difficult to answer this question without seeing the instrument itself, but as a general rule an in signed POA is not valid. If your brother still has mental capacity, however, he can “sign” a new one using a legal process whereby he authorizes and directs someone else to sign for him. An experienced estate planning attorney can help him with this.
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