Legal Question in Wills and Trusts in New Jersey
Signature for Power of Attorney
My friend needs his mother to execute a power of attorney for him to use for her health care. She cannot write -- she can only make an "X". If she signs the "X" in front of a notary, will the power of attorney be valid?
2 Answers from Attorneys
Re: Signature for Power of Attorney
In addition to the notary, have the signature witnessed by 2 people who know the person (people other than the holder of the Power), all of whom can appear before the notary.
Then, so the Power can be official (as it is when just notarized), it can be recorded in the County where the maker resides (like a Deed). The official recording will give the "x" authenticity for future use.
Walter
Re: Signature for Power of Attorney
It should be valid; however, the issue here is whether or not a third party will believe it is valid. An "x" looks suspicious to many people and may not be accepted on its face. You should seek the advice of counsel so that you are not preparing a document that will ultimately be of no use. If you want me to assist you, feel free to call me at 856-546-8010; Mention LawGuru and your first conference is free. Good luck! Rob Gleaner
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