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Who can witness a Power of Attorney?

Wentzville, MO |

Can the person who will benefit after death witness Power of Attorney?

Attorney Answers 4

Posted

It is typically best to have a non-related non-family member with no role or interest in an estate as a witness. To be clear - a power of attorney is used if you are incapacitated for YOUR benefit only. If you are saying that you will have a beneficiary of your ESTATE act as witness for your power of attorney, I don't know that there is a prohibition against it but its probably a bad a idea.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

Power of attorney to who?
The power of attorney would be void upon death.
Is the power of attorney also your executor/trustee?
It would probably be best to have non-related and non-interested(in estate) to serve as witnesses.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

I agree with Attorneys Pippen and Zelinger. Please consult with an experienced Missouri attorney concerning the preparation and proper execution of the Power of Attorney. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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Posted

In New York a power of attorney must be notarized. The notary cannot be the person (s) you have delegated the power to.

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