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Post Nuptial Agreement in Pennsylvania


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#1 benny27

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Posted 04 January 2013 - 10:03 AM

Is it legal for another person to sign on behalf of another on a Post Nuptial Agreement and if it is how must it appear on the signature line? For example must the person signing the other person's name also have their signature above or near the signature or some other info indicating that they are signing the document on that person's behalf.

#2 Ted_from_Texas

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Posted 04 January 2013 - 10:48 AM

This doesn't make sense. Anyone competent to enter into a post-nuptial agreement should be competent to execute the agreement him- or herself. However, if the agent has a properly executed power of attorney that explicitly authorizes it, he or she should sign their own name, followed by "Attorney-in-fact for _______" or words to that effect. To be safe, a copy of the POA should be attached to the contract.

#3 pg1067

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Posted 04 January 2013 - 10:53 AM

Is it legal for another person to sign on behalf of another on a Post Nuptial Agreement and if it is how must it appear on the signature line?


Let me re-phrase this to clarify. I think you're asking whether it is legal for Bob to sign, on behalf of John, a post-nuptial agreement between John and John's wife, Jane. Correct? If Bob has a valid power of attorney ("POA") given by John, and if signing the agreement is within the scope of the POA, then yes, this would be legal (unless PA has some unique law that would prohibit using a POA for this purpose). Typically, John would sign his own name, followed by "pursuant to power of attorney granted by John" or "as attorney-in-fact for John" or something like that. If you were asking whether Jane could sign the agreement both on her own behalf and on John's behalf, the answer is no (even if Jane has a general power of attorney for John).


For example must the person signing the other person's name also have their signature above or near the signature or some other info indicating that they are signing the document on that person's behalf.


You might want to run a google search for "proper use of pronouns" and refresh yourself on those rules because this sentence is hopelessly confusing. "Their" and "they" are plural pronouns, so you're either misusing them here or the antecedents are unclear. It's also unclear who "that person" is.




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