Re: Re: Power of Attorney in Employment Agreement

The notarization requirement usually depends on the use. In D.C., for example, the power has to be notarized if it used to transfer real estate, but not otherwise. Banks typically want to see the power of attorney on their own form, which calls for notarization, but it's not something the law requires. I've always wondered what would happen if push came to shove with someone holding a duly granted un-notarized PoA for a disabled account holder. How does the law require anybody to accept a PoA even if it is notarized. What's the cause of action for against someone who refuses to follow the instructions of the holder of a PoA?

John Noble

At 7:20 PM -0400 9/25/06, Elizabeth T Russell wrote:
>Just to add to the inquiry: I question the enforceability of such clauses if
>not executed in accordance with applicable state law (e.g., many states
>require such powers to be notarized.)
>
>Beth Russell
>
>-----Original Message-----
>From: CNI-COPYRIGHT -- Copyright & Intellectual Property
>[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Heather Vargas
>Sent: Monday, September 25, 2006 1:36 PM
>To: CNI-COPYRIGHT -- Copyright & Intellectual Property
>Subject: [CNI-(C)] Power of Attorney in Employment Agreement
>
>
>I have seen a few employment and independent contractor agreements recently
>that contain a power of attorney from the employee/contractor to the
>employer/company to prosecute copyright/patent applications or otherwise act
>in the employee's stead with respect to intellectual property matters for
>work done for the company. Has anyone seen any case law on whether this is
>acceptable? Any opinions on whether this is a good/bad idea? Necessary?
>For those in favor, does anyone have good form language that they might be
>willing to share?
>
>Thanks.
>
>
>
>
>
>
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Received on Wed Sep 27 2006 - 02:28:31 GMT