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Signing Requirements
The principal must sign the power of attorney in front of a notary public or two witnesses (neither witness can be the representative or have an interest in the power of attorney).[1]
Legal Definition
“Durable power of attorney” means a power of attorney that:
(1) is executed by an incapacitated person before that person became an incapacitated person;
(2) provides that the power survives the person’s incompetence; and
(3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed.[2]
(2) provides that the power survives the person’s incompetence; and
(3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed.[2]