Anyone worked with a power of attorney in WI? few quick questions.

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[ARCHIVED THREAD] - Anyone worked with a power of attorney in WI? few quick questions.

Posted: 2/11/2013 6:04:35 AM EDT

I'm using the WI POA form dated 6/2000. It has blocks for witnesses, and a notary. Initially, it looks like either or (witnesses, or notary) would suffice. But now i'm starting to think both are needed. Can I have the signed document notarized, or would I need to have the notary witness the signatures? My dad is in a nursing home, so getting a notary there to witness would be kind of a PITA. Could be done, but....if it's not needed, rather not jump through the hoops.

Posted: 2/11/2013 6:10:11 AM EDT

[#1]

Notary has to witness signatures.

In my opinion (but IANAL) it would be best to have both witness signatures and a notary.

Posted: 2/11/2013 6:12:40 AM EDT

[#2]

Quoted:
Notary has to witness signatures.

In my opinion (but IANAL) it would be best to have both witness signatures and a notary.

Crud. That's what I was afraid of. Looks like I have another useless piece of paper. Guess I need to find a traveling notary.

ETA: Here's the form I used http://legis.wisconsin.gov/senate/erpenbach/documents/powerofatty.PDF

Here's the newer version, with notary only, no witness.http://www.dhs.wisconsin.gov/forms/advdirectives/F00036.pdf

Posted: 2/11/2013 6:36:36 AM EDT

[#3]

My wife is a notary, so she knows the "rules". Yes the notary must witness the signature, to verify the person signing is who they say they are.... that's the whole point of having a document notarized. If the person is not personally known to the notary, they must furnish proper ID.

When she got the notary credentials for her job at the bank, I thought "this is cool, I no longer have to search around for a notary if I need one"... like for my FL CCW.

But, Nooooo! She cannot notarize stuff for family (me). Dumb, IMO. Who knows my identity better than someone I've been married to for 40 years?

Posted: 2/11/2013 6:48:00 AM EDT

[#4]

Quoted:
My wife is a notary, so she knows the "rules". Yes the notary must witness the signature, to verify the person signing is who they say they are.... that's the whole point of having a document notarized. If the person is not personally known to the notary, they must furnish proper ID.

When she got the notary credentials for her job at the bank, I thought "this is cool, I no longer have to search around for a notary if I need one"... like for my FL CCW.

But, Nooooo! She cannot notarize stuff for family (me). Dumb, IMO. Who knows my identity better than someone I've been married to for 40 years?

Yeah... mother in law is a notary, but that does me no good (and the fact that she lives in ND). I figured it was a one or the other kind of situation.... not witness AND notarize. But looks like I was wrong.

I guess it's time to find a traveling notary in the Portage area.

Posted: 2/11/2013 6:53:59 AM EDT

[#5]

Quoted:

Quoted:
My wife is a notary, so she knows the "rules". Yes the notary must witness the signature, to verify the person signing is who they say they are.... that's the whole point of having a document notarized. If the person is not personally known to the notary, they must furnish proper ID.

When she got the notary credentials for her job at the bank, I thought "this is cool, I no longer have to search around for a notary if I need one"... like for my FL CCW.

But, Nooooo! She cannot notarize stuff for family (me). Dumb, IMO. Who knows my identity better than someone I've been married to for 40 years?

Yeah... mother in law is a notary, but that does me no good (and the fact that she lives in ND). I figured it was a one or the other kind of situation.... not witness AND notarize. But looks like I was wrong.

I guess it's time to find a traveling notary in the Portage area.

Even if my wife was close enough, she couldn't help. Her stamp never leaves the bank, unless it's on "official bank business"... workplace regulations and all.

Posted: 2/11/2013 6:59:37 AM EDT

[#6]

Quoted:
Even if my wife was close enough, she couldn't help. Her stamp never leaves the bank, unless it's on "official bank business"... workplace regulations and all.

Yeah.... Portage would be quite the haul. Worst case scenario, I take a day off of work, get him in his wheelchair, and take him down to the court house. Rather not take off work, but if that's what needs to be done, I'll do it. Nursing home may actually have someone on staff, but not sure they'd be in on a Saturday. Gonna have to make some calls.

Posted: 2/11/2013 11:21:01 AM EDT

[#7]

I just talked about the notary stuff with my wife, when she was at lunch. She said the first thing you should do is check with the home where your dad is at. She says many such places have a notary on staff, for just such occasions. Bigger ones usually do, smaller ones don't. (I see you already thought of that).

If not, check with your bank (or your dad's) to see if they'll send someone over. My wife has made a dozen trips or more to the nearby hospital or nursing homes to notarize papers there on-site, for customers of her bank. It's a courtesy they provide for their customers, as long as it's not too far away. Worth a shot, all they can do is say no, if they don't.

Posted: 2/11/2013 12:00:57 PM EDT

[#8]

Quoted:
If not, check with your bank (or your dad's) to see if they'll send someone over. My wife has made a dozen trips or more to the nearby hospital or nursing homes to notarize papers there on-site, for customers of her bank. It's a courtesy they provide for their customers, as long as it's not too far away. Worth a shot, all they can do is say no, if they don't.

Now that's something I hadn't thought about. He does use a bank (US BANK) that's only a few blocks away. Push came to shove, I could take him for a little trip in his wheelchair. Looks like the lobby is open until noon.

Posted: 2/11/2013 2:26:26 PM EDT

[#9]

make sure that you can take him out of the nursing home, when my wife dads had a stroke one of the kids took him out for ice cream while he was recovering and the home had a coronary saying that they could loose their license because of medicare rules or some other stupid crap.

Posted: 2/11/2013 3:44:35 PM EDT

[#10]

Quoted:
make sure that you can take him out of the nursing home, when my wife dads had a stroke one of the kids took him out for ice cream while he was recovering and the home had a coronary saying that they could loose their license because of medicare rules or some other stupid crap.

We always make it a point to let someone know before we take him anywhere. I know they can be funny about people disappearing... can't say I blame them either.

Posted: 2/12/2013 7:20:49 AM EDT

[#11]

FWIW, you can find notaries at banks usually, and other professional offices, such as lawyers, etc.

I looked into becoming a notary, thinking it might be a nice side income. Then I read in the law (at the time, coupla years ago), that notaries aren't allowed to charge more than 50 cents in WI.

ETA: last time I needed something notarized, I went to a bank I was using. They did it for free. Don't remember if they asked if I were a customer at the bank.

Posted: 2/16/2013 1:36:20 PM EDT

[#12]

Finally got it sorted out. Used the newest form directly from the state webpage. Got it signed and notarized today at the bank. No problems at all.... turns out my old man knew most of the people working there. Which is a good sign.

[ARCHIVED THREAD] - Anyone worked with a power of attorney in WI? few quick questions.

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