So, you have to have the execution date on a POA.

"Before me this___ day of October 2019, personally appeared..."

If the day is left blank, is the document invalid?

Found this,..

Unfortunately, we get calls like this from frustrated Agents frequently. Often because the bank or financial institution doesn’t provide a reason why they are not accepting the Power of Attorney.

One potential reason could be due to the effective date of the document. Arizona, like most states, give a person (called “Principal”) an option as to when the Power of Attorney becomes effective.

Option #1: Effective immediately upon signature. This effective date provides the Agent the ability of acting now. As soon as the document is signed, regardless of the Principal’s capacity, the Agent can step in and transact business for the benefit of the Principal.

Option #2: Springing. A springing Power of Attorney provides that the document ‘springs’ into action upon disability and this is often the reason a bank will not accept the document. The bank needs confirmation that the Principal can no longer act. In this instance, the document should provide instruction on what you need to do. Such as obtain the written statement of incapacity from (typically) one or two physicians. Often, in times of crisis, it is difficult for the Agent to track down your treating physicians to get a statement(s) of incapacity.

Not sure, but I would imagine that the notary has the date in their log book and it could probably just be written in with the accurate date.

The PoA normally has it's own date and the Notary Acknowledgement has the "Before me this___ day of October 2019, personally appeared..." date. And they don't always have to be the same date.

Let's assume and Attorney drew up the PoA on the 5th and the person who is executing the PoA doesn't get around to signing it until the 8th. That's fine as long as the Notary Acknowledgement has the correct date the date was actually signed. But if the person executing the PoA signs it and then they try to go gt it Notarized that's a problem.

Now if the Notary Acknowledgement does have a blank date or the wrong date or some other errors there are ways to resolve the issue. The Notary can sign an Affidavit stating what the error was and what it should have been; they just can'rt Notarize the Affidavit themselves. I used to have to get these done pretty regularly.

But if a Notary makes a habit of messing things up it can cost them their Commission, I've been involved in that as well. .

^^^This ^^^

The POA date and notary date are separate. If the POA is dated, it is enforceable. The notary date can be cleaned up without compromising the POA itself

There is no date on the POA.

Going through some hard times with my parents who are both in their 80's and in bad health. It came time for me to start overseeing their finances, so I went and had my attorney draw up POA's. I went to my parent's two banks last week and neither would "recognized" the POA's and the only excuse they would give was "they didn't like POA's".

I had to go back to my parent's house and load my father up in the truck and drive him to the banks so he could sign new papers that would allow me to be on their accounts. Only after I told the bank managers that my Dad was in his boxers with a catheter and P-bag would they take the papers to the parking lot for him to sign.

I really had to get "not so nice" with one bank, who at first was not going to let me take the papers to the folk's house to get my mother's signature.

Many banks will not accept a general POA and require that customers use their bank-specific form. It is extremely helpful to do advance planning for handling banks by having an authorized person, cosigner, POD, etc designated while the person is still capable of doing so without assistance.

To be fair, banks do have good reason to be cautious, as sloppy procedures too often have resulted in elderly customers being swindled out of their life savings.

JP - to answer your question, a POA can be "legally sufficient" without being notarized, but most third parties will be reluctant to accept it without either being notarized or witnessed. Also, agencies like the IRS and Social Security do not recognize a POA and have their own forms for this.

I would assume it is valid November 1st since all the possible days of October has past.

Thanks for the help. Just looking over something for a family member. Everything I found said it required a date, but the good thing is, it is very easy to revoke. No attorney needed, just a simple form, two witnesses and a notary.

Missing the acknowledgment the way it sounds?? Look at Chapters 751 and 752 of the Texas Estates Code and you might find your answer.

Well played bfl.