Hi, I just moved to Florida from New Jersey a few months ago. I have not gotten back my security deposit from my landlord, and it has been over 90 days. I can't get back to New Jersey. I would like to give Power of Attorney for finances(limited Power) to my son who is up in New Jersey. I bought the forms from NOLO. I just needed to know if I need any witnesses to sign it and do I have to have it notarized down in FL. or does my son have to go to a notary in NJ. I did call NOLO but they couldn't answer my question. They told me that since I live in Florida now it has to be notarized in Fl., but the Apt. I lived in was in New Jersey. The NOLO person told me to go back to jersey and get it Notarized. If I could do that I wouldn't have to give my son Power of Attorney. I hope you can let me know what to do. Do I need any witnesses and if I do how many and do I get it Notarized in Florida or does my son when He signs it in NJ.
1 Answer from Attorneys
A Notary acknowledges that the person who signs a document is really the person who is named in the document. That is the entire purpose of getting something notarized. A person shows their identification to the Notary and signs the document in front of them. The Notary will sign as notary and affix their stamp and seal. There is no special state that the document needs to be notarized in. It will be notarized in whatever state in which you choose to personally appear before a Notary who is authorized in that state. Traditionally, a Power of Attorney will have one witness. The Notary may sign as witness as well as sign as Notary. This is the literal answer to your question. I obviously have not seen the document that you obtained. Therefore, I cannot comment one way or the other as to whether the document you seek to sign is a well-prepared document or will pass muster as a valid Power of Attorney in the State of New Jersey for the purpose you intend.
Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.
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