POA

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My son is in prison and it’s difficult to get a POA notarized in there. I typed one up and had him sign it with two inmates witnessing and signing it. Is it a legal document?

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Posted by Anonymous
Asked on December 3, 2020 9:30 am
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Yes, it is a legal document. Under Colorado Revised Statute 15-14-705, the document only needs to be signed by the principal (your son). Having said that, it is a best practice to have the document notarized. That’s because if it is notarized the power of attorney is presumed genuine, which has practical implications.

The provisions under Colorado Law that provide liability to banks and other financial institutions that refuse to accept a power of attorney do not apply to unacknowledged (un-notarized) powers of attorney. Further, as a practical matter, an acknowledged signature is required if the power of attorney will be recorded in conjunction with the execution of real estate documents.

Good luck and let us know if you need any assistance.

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Posted by Bill Henry (Questions: 0, Answers: 97)
Answered on December 3, 2020 9:50 am