Author Topic: Power of Attorney with Expired Notary  (Read 591 times)

NextTime

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Power of Attorney with Expired Notary
« on: January 11, 2023, 10:18:11 AM »
I have had POA over my mother's affairs for the last four years. I never received the RMD check from one of her financial institutions so was calling to have them reissue it. They came back and told me that the POA was no longer valid because the notary's expiration date had passed.

The POA is good for the life of my mother. A notary is a 4 year commission? Why on earth would the POA be invalid just because the notary commission expired? Everything I've googled says what they are saying is bullshit and the financial institution is just playing games. I've called the lawyer that set up the POA but he can't get back to me for a few days.

I'm correct here right? These people are just fucking with me?

Sorry for the rant, but I am just exhausted with having to manage my own family's lives and affairs as well as my mother's health and all her affairs. I'm trying to do my job right now and have 3 things for her hanging over my head and every freaking one of them is taking multiple days and phone calls for something that should have been easily accomplished in 10 minutes.




FrugalShrew

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Re: Power of Attorney with Expired Notary
« Reply #1 on: January 11, 2023, 10:51:59 AM »
This is not legal advice, but it sounds bizarre to me. Was the notary's commission valid at the time they notarized the POA? That seems like the only time the expiration date should matter.

Sorry you are dealing with this. Other people's incompetence can be exhausting.

cool7hand

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Re: Power of Attorney with Expired Notary
« Reply #2 on: January 11, 2023, 11:03:42 AM »
Your jurisdiction probably has a law like the attached. Look it up and cite it in your next communication. This is BS.

https://law.justia.com/codes/new-jersey/2013/title-46/section-46-2b-13


NextTime

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Re: Power of Attorney with Expired Notary
« Reply #3 on: January 11, 2023, 12:09:09 PM »
This is not legal advice, but it sounds bizarre to me. Was the notary's commission valid at the time they notarized the POA? That seems like the only time the expiration date should matter.

Sorry you are dealing with this. Other people's incompetence can be exhausting.


It was definitely valid. Notarized in 2018 and expired in 2021. The notary was the attorney's assistant.

NextTime

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Re: Power of Attorney with Expired Notary
« Reply #4 on: January 23, 2023, 12:51:32 PM »
Just wanted to update this because it just got more annoying.

The lawyer told me it was indeed bs. I sat on it for about a week because life got busy.

So I called the contact who first told me it needed to be updated. I escalated it up. The next person I talked to told me that he couldn't talk to me because even though there was a POA, her account was a "communication in writing only" account. And if I wanted them to reissue the check I had to send the request in writing. I have to send a snail mail letter. What the flying fuck??? So I said what do you mean in writing? Email, letter? He said it had to be a letter and then told me he couldn't even talk to me anymore.

I am so pissed off right now. I really don't need this aggravation on top of everything else in my life. I don't even know where to send the letter. I called the lawyer again, but his secretary is out for the day so hopefully calls tomorrow.