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Are witnesses required when I notarize a power of attorney?

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Are witnesses required for a Durable Financial Power of Attorney in Maine? — J.A., Maine

The state of Maine does not specifically address whether a Durable Financial Power of Attorney requires witnesses. The law does say, however, that a power of attorney is not valid unless it is acknowledged before a Notary Public (5 MRSA 905(a)). However, if the document has a place for witnesses to sign, then witnesses should be used. It is the responsibility of the signer to provide the witnesses. If the document does not include a place for witnesses to sign it is at the discretion of the signers if witnesses are needed.

Different states have different witness requirements. If you have questions about witnesses in your state or want more information on how they interact with notarizations in other jurisdictions, please see our article “Different types of witnesses (and witnessing) Notaries may encounter.” 

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

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