A power of attorney is one of the few documents where signing it too late is the whole problem. Almost every difficulty we see comes down to timing.
Sign it while it is easy
A power of attorney lets someone you choose act for you. It has to be signed while you are still able to understand and choose, which means the right time to sign is before anyone thinks you need one.
The calls we cannot help with are the ones that begin “my father had a stroke last week and we need a power of attorney”. By then the document may no longer be an option, and the family is looking at a guardianship petition instead, which is slower, public, and considerably more expensive. If this has been on your list for a while, it is worth moving up.
What the notary is doing, and what we are not
We confirm who you are, confirm you appear to understand and are acting freely, watch you sign, and complete the notarial certificate. We do not draft the document, tell you which powers to grant, advise whether it should be durable or springing, or help you choose which certificate the document needs. Washington law prohibits all of that for a notary who is not an attorney, and it prohibits it for good reason.
Worth repeating: A notary cannot draft the document, advise which powers to grant, or choose the certificate. Those are legal decisions and Washington law reserves them for an attorney.
The agent does not sign
This one causes regular confusion. The person you are appointing, the agent or attorney-in-fact, usually does not sign at the appointment. The principal signs. Some forms include an optional acceptance for the agent, notarized either at the same time or later. Read your form: if it has a space for the agent, bring them. If it does not, they do not need to be there.
Witnesses and notarization are different requirements
These get conflated constantly. Notarization is about verifying identity and witnessing the signature. Witness requirements are set by the document, or by the institution that will rely on it. A form may need both, either, or neither.
Check the form itself and check with whoever will accept it, often a bank or a care facility. If witnesses are needed, line them up in advance and avoid anyone who benefits under the document.
Banks have their own opinions
A properly notarized power of attorney is a legal instrument. It is also, to a bank, a document their compliance team has to accept. Some institutions want their own form, want to see the original rather than a copy, or want notice before an agent transacts.
Ask the bank what they need before the signing rather than after. One phone call can save a second appointment.
Bring these
- The complete unsigned document, every page and attachment
- Current government-issued photo ID for the principal
- Any witnesses the form requires, with their own ID
- Instructions from the drafting attorney or the receiving institution
- The agent’s full legal name spelled as they use it officially
We travel to offices, libraries, hospitals, and care facilities across Tacoma and the South Puget Sound, including evenings and weekends.