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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25456
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Who can be a notary witness

Customer Question

who can be a notary witness
Submitted: 12 days ago.
Category: Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Would I be right to assume that these are Lasting Powers of Attorney forms you are referring to please? I assume this is the case but for the avoidance of doubt should be grateful if you would confirm.

Customer: replied 12 days ago.
general power of attorney forms
Expert:  Joshua replied 12 days ago.

Many thanks. A general power of attorney form may not be the most appropriate document to consider because a general power of attorney will cease to have legal authority if your mother were to lose mental capacity. I would recommend you consider using what is called a "Lasting Power of Attorney". This form of POA will survive even if your mother were to lose capacity. This may be what you already have but it is important to be sure. If it is a lasting power of attorney it will say so clearly and it is a formal form consisting of about 15-20 pages. If you don't have this you can download or even prepare one online here:

https://www.gov.uk/power-of-attorney/make-lasting-power

To answer your question, for a general power of attorney you anyone over the age of 18 who is not the attorney nor your mother can witness a general power of attorney. There is no special requirement that a power of attorey is specially notarised. If you decide to put in place a lasting power of attorney you will also however need someone called a certificate provider who must be either a solicitor or someone who has known your mother personally for more than 2 years and is not an attorney.

No-one else can sign the power of attorney for your mother. It must be signed by her unless she is unable to physically sign it. If this is the case it is possible for her to instruct someone else to sign on her behalf but then a special certification is require in the presence of two witnesses. You can find the special certification required on continuation sheet 3 for an LPA or in the case of a general power of attorney, it would be best to instruct a solictor to prepare this to ensure validity.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Expert:  Joshua replied 12 days ago.

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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