[WSBAPT] HCDPAs for Minors Signing Requirements

[Sam Furgason]

The purpose of the power of attorney is to convince non-lawyers to recognize
the requests of a person's authority to act on behalf of the principal. In
that respect, I believe that "adding weightiness and looking important" can
come in quite handy. That's why I always added that notary stamp to a lot of
documents which did not legally require one, such as Health Care Directives
and Health Care Powers of Attorney. It's there to give doctors, nurses,
nurse practitioners, and administrators a level of comfort in dealing with
legal matters they are not trained to interpret. If every other similar
legal document comes with witnesses and acknowledgments, those without such
raise a warning flag. If, on the other hand, your document has even more
authentication than others, such as an acknowledgment in addition to witness
signatures, such serves, in my opinion, to add validity. Of course, if you
use the form standardized and in common use by the institution where you
know your client will be going, that also should be easily accepted. 

S  

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, July 02, 2015 3:34 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] HCDPAs for Minors Signing Requirements

 

After reviewing 11.94 and the estate planning deskbook, I can't find the
signature requirements for an effective HCDPA for minors.  They will not be
recorded so I have no independent need to have the DPA notarized.  I don't
find any requirement for witnesses.  Other than adding weightiness and
looking important, any other reasons for doing more than the signature and
date of the signing parent?  

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