Legal Question in Wills and Trusts in Texas

Power of Attorney

Can a regular notary public notarize a Texas Statutory Durable Power of Attorney already prepared, but not signed?

Can I also use prepared documents from online sources for Living Will, Last Will and Testament, ect.?


Asked on 1/25/07, 6:10 pm

3 Answers from Attorneys

Charles White Charles G. White

Re: Power of Attorney

QUESTION: Can a regular notary public notarize a Texas Statutory Durable Power of Attorney already prepared, but not signed?

ANSWER: No, not legally.

QUESTION: Can I also use prepared documents from online sources for Living Will, Last Will and Testament, ect.?

ANSWER: Assuming that there is no copyright violation, the answer is yes. However, without seeing them I cannot I cannot tell you whether they are any good. Many litigating attorneys prefer that you use the "do-it-yourself" forms because they tend to generate more litigation.

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Answered on 1/25/07, 6:23 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Power of Attorney

"Signed before me..." means exactly that. Notarizing a document in blank is illegal.

Sure, you can use prepared documents from any source in the public domain. Some are good, some aren't, and you're gambling that when you need the document it will be valid. It's a little like do-it-yourself surgery, only with surgery the blood and pain is immediate.

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Answered on 1/25/07, 6:35 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Power of Attorney

It is illegal for a notary to notarize an unsigned document.

Internet forms may work, but they often cost you (or your heirs) in the long run because they are often defecient in what the court or Texas requires and it may be more difficult to prove up the will.

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Answered on 1/25/07, 7:10 pm


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