Legal Question in Real Estate Law in New Jersey

I have power of attoney and am going on a vacation and don't want my father to sing any papers legal or not without my presence which my father is ok with. CanI just go to a notary public and have him sign a statment saying he wants me present for anything he signs and if he's talked into signing anything without my presence it's null and void. Thank you, Bob K


Asked on 9/09/12, 1:41 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

If he's ok with not signing anything on his own, then why would he be signing anything while you're away? Your having him sign a statement, as you propose, isn't going to be more effective than his agreeing with you. After all, if he wants to sign something on his own or because someone else is asking him to, will he show them that statement?

It's also a question of legal validity - if he doesn't have mental capacity to sign anything and that's why you have the POA, his signature or such a statement wouldn't be valid. Same thing for anything he does sign - you could go back and show them the POA and tell them they can't enforce anything against your father.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 9/09/12, 2:05 pm
Walter LeVine Walter D. LeVine, Esq.

Just having a paper, even if notarized, is not sufficient, as there is no public knowledge of this limitation on the authority. It also must be recorded, along with the original POA to provide public notice. There is no assurance that the paper will be presented, and you need its existance verified and the recording will do that. That way, if anything is done in contravention of this limitation, you have a legal basis for undoing it. This is a reply to an Internet question and the response is for information purposes only and is not to be considered as legal advice or as creating an attorney-client relationship.

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Answered on 9/10/12, 9:54 am


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