Can a power of attorney sign a will

[Intelligent391]

Jurisdiction

Florida

Can a power of attorney sign a will

 

[adjusterjack]

No.

A will must be signed by the testator and have two witnesses who will also sign. The will should be self-proving (google it).

Why do you ask and what are you trying to accomplish?

 

[Intelligent391]

No.

A will must be signed by the testator and have two witnesses who will also sign. The will should be self-proving (google it).

Why do you ask and what are you trying to accomplish?

I'm going to notarize a document where the tests for is disabled

 

[Intelligent391]

Can a step son be a witness for a will

 

[army judge]

Any competent adult may be witness to a will.


The signatures of two attesting witnesses are mandatory. Any person competent to be a witness may witness a Will. The witnesses must sign in the presence of the testator as well as the presence of each other. The witnesses may even be persons with an interest in the Will, that is beneficiaries.

 

[army judge]

I'm going to notarize a document where the tests for is disabled

Notarizing a will isn't required in Florida.

Signing the will as a witness, as you asked below, isn't notarizing the will.

A will in FL doesn't need to be notarized.

What you're proposing to do smacks of fraud.

A power of attorney for someone doesn't allow you to author the person's will.

If you do that you could end up being charged with a crime.

 

[adjusterjack]

I'm going to notarize a document where the tests for is disabled

You mean the "testator" is disabled?

How so?

Mentally? Might not be competent to make a will.

Physically? He ought to be able to sign his name even with a physical disability of the hands. Even making an X would suffice.

Anyway, I suggest you study and relearn the Florida notary law about what you can and cannot do:

Statutes & Constitution :View Statutes : Online Sunshine

Question and Answer - Notary Education - Florida Department of State

What you're proposing to do smacks of fraud.

My thought, too.

 

[zddoodah]

Can a power of attorney sign a will

No. Only a human being can sign a will (or any other document), and a power of attorney ("POA") is, itself, a document, not a human being.

If your question is whether a will is valid if it was signed not by the testator, but rather, by a person designated in a POA as agent or attorney-in-fact for the testator, the answer is probably not, but one would need to research the applicable state law to know for sure.

I'm going to notarize a document where the tests for is disabled

Huh?

Can a step son be a witness for a will

If the stepson is a competent adult, yes.