Today’s blog is short.
Powers of Attorney are regularly given to third parties, empowering the holder of the power (“agent”) to perform various legal acts on behalf of the grantor (“principal”). The grant can be expansive or restrictive, so it is always important to review the document creating the agency relationship, usually referred to as a Durable Power of Attorney. This blog is not about that but is issued to assist the holder of the power has properly executed documents and had his/her signature properly notarized (jurat). This comes up all the time where real estate transactions, including deeds and oil and gas leases, are concerned.
So, here is what to do- Ann Wilhelm, planning on being out of town for an extended period and planning to sell a piece of real estate during that absence, grants a durable power of attorney in favor of Jack Wilhelm, authorizing him to sell the real estate in question. In fact, Jack does just that.
Here is the signature block:
By: Jack Wilhelm____
Jack Wilhelm, as Agent and Attorney-in-Fact for Ann Wilhelm
STATE OF TEXAS :
COUNTY OF _________________ :
SWORN TO AND SUBSCRIBED to this _____ day of ___________________, 2023, by Jack Wilhelm, in his capacity as agent and attorney-in-fact for Ann Wilhelm.
SEAL Notary Public, State of Texas
My Commission Expires:____________
Note, Jack Wilhelm signs his name, not that of Ann Wilhelm; and the notary accepts the swearing to of Jack Wilhelm, not Ann Wilhelm.
As a caveat, I know of no law that requires the notary to review the instrument creating the power of attorney. However, obtaining a copy and doing a cursory review is always a favor to the client.
by Jack M. Wilhelm
Edward Wilhelm and Jack Wilhelm provide tremendously high value legal assistance to a large number of very desirable clients.
THE WILHELM LAW FIRM, 5524 Bee Caves Road, Suite B5, Austin, TX 78746; (512) 236 8400 (phone); (512) 236 8404 (fax); www.wilhelmlaw.net
DISCLAIMER: The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. You need to consult an attorney in person for legal advice regarding your individual situation.