How to Execute a Durable Power of Attorney With or Without a Notary During Coronavirus Crisis


Welcome this is attorney Thomas B Burton
and today I want to talk about how you can get a durable power of attorney
signed even during the coronavirus crisis so I was thinking about this
topic today on the way into the office and traditionally here in Wisconsin we
would have you sign a durable financial power of attorney in front of a notary
public now if you’ve seen my other videos I give you some options on ways
to do remote notary right now and you should check out those videos but for
purposes of a durable financial power of attorney many of you are aware that
right now many seniors are in nursing homes and assisted-living facilities are
on lockdown due to the coronavirus crisis so traditionally as attorneys we
would say you should sign that power of attorney in front of a notary public and
either the attorney would go to the client or you would get a mobile notary
to visit there well right now that’s not an option and it’s gonna be also as we
progress this week with people being told to stay at home as you know the
bank lobbies are closed and they don’t want people going out to visit a notary
public face to face so that remote notary option is going to become key but
another method we have is that the statutes in Wisconsin do not actually
say a financial power of attorney needs to be signed in front of a notary in
order to be valid the statutes do say if it’s signed in front of a notary public
it is presumed valid so what’s happened is financial institutions have come to
rely on having it signed in front of a notary because they’re used to seeing
that but be aware that it’s not strictly required under the law so right now if
you need financial power of attorney what I would recommend doing is having
the person making it sign it and if you’re able have some people witness
their signature when they do it but all that’s needed for it to be valid under
the law is for it to be signed and I would do that it method
in order to get it in place and then as the crisis abates if you’re able to
later execute it again in front of a notary public I would do that just to
ease the administration of using that power of attorney because it’s what
banks and other places are used to seeing or your other option right now is if you or
a loved one needs a power of attorney you could have my office or another
lawyer draft it up for you and then you could execute it in front of a mobile
notary via a notary public licensed in another state so under the US
Constitution each state recognizes the laws of the other state and we have a
statute here in Wisconsin saying that a document executed before a notary in
another state is valid here as if it was executed before Wisconsin notary public
so if you want have questions about that contact my office watch my other video
on how to execute a document in front of a notary a mobile excuse me a remote
notary public and you can do it that way but just be aware that there’s a variety
of methods we can use even during the social distancing in the coronavirus
crisis to get you that power of attorney in place and while I’m emphasizing this
is for many folks that durable financial power of attorney is essential to name
someone as their agent to sign on their behalf pay bills and take care of their
financial affairs for them when they cannot so for senior adults in a nursing
home right now if they can’t receive visitors and can’t get out they probably
need an agent to act on their behalf to help manage their finance and property
and even for the rest of you it’s a good idea to have this in place because if
you’re ever incapacitated or unable to act that agent can act on your behalf so
today I wanted to shoot this quick video on how you can still execute a durable
financial power of attorney either with or without a notary and you know if you
have any questions on how to do this feel free to shoot me a message
contact my office we’d be happy to help so thanks for watching and we’ll see you
next time.

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