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How many witnesses are needed for a person signing with a mark on a durable power of attorney that is being notarized in Texas?

Houston, TX |

The person signing with an "X" had a stroke and is unable to sign his name although he is competent. He has asked a family member to assume power of attorney over his affairs. The notary is scheduled to come to his house to notarize the document, but we are unsure of how many witnesses we need to attest to the "X" being the signature. We cannot find the answer on the notary website and hope you can answer for us.

Attorney Answers 3


  1. If the power of attorney is being notarized, you do not need any witnesses. However, it is always a good idea to have 2 disinterested witnesses sign and be notarized as well in order to have additional proof of mental capacity and lack of duress or coercion.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.


  2. In addition to what Attorney Koel says, it is usually a good idea to have the witness statements eplain that the person is signing before them by making their mark.

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