husband and wife have poa and wife now has dementia, can the poa be used to sell the house without it being signed by witnesses or notarized in arizona?
Estate Planning Attorney
It appears that the POA was executed in Arizona, but not signed by witnesses or notarized there. Is that correct? Where is the house located? In general, California will recognize a POA that was validly executed in a sister state, assuming the POA grants the power to sell property. Generally also, POAs that deal with real estate must be notarized. I'm not an attorney licensed in Arizona.
For informational purposes only; no attorney-client relationship created.
I am licensed to practice law in California, and I am not licensed to practice law in Arizona. However, I do have a license in AZ as a Certified Legal Document Preparer. I have attached a link below to the statute on POA's in AZ.
My understanding of the statute is that you essentially need a witness and a notary. Further, there is specific language to be used in the witness acknowledgement. As a CLDP practitioner in AZ for three years before moving to CA to practice law, I prepared hundreds of POA's. Each one contained two witnesses and a Notary as a matter of policy.
I would suggest you consult with an attorney regarding the validity of the document, as well as the source of the document.
Best of luck!
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