I've got a case on my desk with a seller who has Alzheimers and a Power of Attorney that doesn't have a full acknowledgment and doesn't meet our state statute requirements for notice.
I asked the seller's daughter who prepared the Power of Attorney and she said the notary public prepared it.
I hear you. I hear everyone shouting THAT'S THE UNAUTHORIZED PRACTICE OF LAW to which I reply, yes and we see it a few times every year. Crappy deeds and other documents that have been prepared by those who shouldn't.
This family who trusted the notary and wanted to save a buck are in a bind. I'm attempting to work out solutions but there isn't much money in the pot and going to court for guardianship is an unlikely alternative.
The seller no longer has periods of lucidity and so a new document is out of the question.
The Power of Attorney does meet pre-2000 requirements except for the missing acknowledgment language.
It's a cash deal and I have discussed an exception to coverage for matters related to the statutory failings of the Power of Attorney with the buyer. I am contacting our underwriter for permission to insure with that exception provided the Recorder takes the document with the notary clause as is.