Cullman, AL asked in Estate Planning for Alabama

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?

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

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.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
Answered
  • Estate Planning Lawyer
  • Ponte Vedra, FL

A: Without seeing the actual document, it is difficult to answer. The durable powers of attorney that I draft, just require the signature of the person giving the power, two witnesses and notarization.

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