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3. Breach of Contract by an agent. Originally when made, the Power of Attorney is irrevocable but can be revoked in case of gross mismanagement on behalf of an Agent.
Pennsylvania law requires that POAs must be signed by the principal and witnessed by two people who are ages 18 or older. The document must also be dated and notarized. If the principal cannot write, he or she is allowed to sign the document by using a mark or by asking someone else to sign the POA for him or her.
The bill also prohibits a Notary from taking the acknowledgment of a power of attorney in which the Notary is the agent and also prohibits the Notary from being one of the two witnesses to a power or attorney.
Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.
Does a DPOA Need To Be Notarized? Yes, a durable power of attorney always has to be notarized. This is an important document that has to go to the notary process to verify that everyone understands the information included in the form.
Therefore, by virtue of this section, a power of attorney can not be revoked by the principal without the consent of the agent if the agent has an interest in the subject matter of the Power of Attorney. Moreover, such Power of Attorney is not deemed to revoked even after death or insanity of the principal.
An affidavit is a sworn written statement. A third party may require you, as the Attorney-in-Fact, to sign an affidavit stating that you are validly exercising your duties under the Power of Attorney. If you want to use the Power of Attorney, you do need to sign the affidavit if so requested by the third party.
How to write an affidavitWrite the heading AFFIDAVIT.State your name and personal details (i.e. ID number, gender, address, contact details, etc.).State that you are making a declaration under oath (i.e. I, the undersigned, declare the following under oath).Write the facts in a numbered list.More items...
You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.
Although it is not required, filing a power of attorney in Pennsylvania may be done with the clerk of the Orphan's Court Division of the Court of Common Pleas in the county where the principal resides.