Legal Question in Wills and Trusts in Maryland

Neccesity of notarized POA to transfer property

Three years ago, when my mother was ill and went into a nursing home for rehab, our family decided that I would be the power of attorney if anything should happen to her. She signed it (as she was very lucid at the time) and we had two copies notarized at the nursing home and two that we didn't have notarized because of the notary fee per copy. Unfortunately, we never made a copy of the notarized copies and the one that we gave to the nursing home has, according to them, been lost. We don't know what happened to the other notarized copy. So we have two with my mom's signature and the date. Now we need them because she is no longer able to make her own decisions and we need to sell her home to pay for long-term care. Would a non-notarized copy be acceptable for property transfer or is it even necessary to have a POA in this situation where mom is the only person on the deed? What if we signed an affidavit concerning the document and had that notarized?

Thank you


Asked on 8/26/06, 1:05 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Neccesity of notarized POA to transfer property

Property transfer to whom? If you're thinking of having the property sold to some unrelated family member, this propsective buyer might well question the validity of your unnotarized POA.

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Answered on 8/26/06, 8:13 am


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