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helplmn80

resignation under pressure

3 posts in this topic

Phoenix, Arizona

My friend was the president of a non profit corporation. Due to some legal issues his wife told him that he needed to give her a power of attorney!. She gave him the resignations paper when he was in a very bad emotional shape and made him sign them.... No she named herself as the Director and the agent of the corporation and makes herself a paycheck..... When he sign the paper there was no one there but he and his wife. Aren't they supposed to sign these kind of legal papers in front of a notary?? Does those papers are valid even if he signed under pressure??

Thanks for your advice!!!

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Most documents do not need to be notarized or witnessed in order to be effective. Nor does signing a document "under pressure" invalidate it either. Signing stuff under some kind of pressure happens all the time, as people are in all kinds of stressful situations and have limited options. If the document was signed under duress, that would be it ineffective. Duress means that it was signed in the face of some form of ILLEGAL pressure, like having a gun to the person's head. Being in a "bad emotional state" is not duress. Certainly he can (and should) consult a business attorney to see if the proper procedure was followed in teh corporation to make the changes that occurred and to find out what he can do now.

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"Due to some legal issues his wife told him that he needed to give her a power of attorney!"

I take it that we're to assume he acquiesced to this of his own free will.

"She gave him the resignations paper when he was in a very bad emotional shape and made him sign them."

What does "made him sign" mean? Did she hold a gun to his head? And when did this happen relative to the power of attorney?

"Aren't they supposed to sign these kind of legal papers in front of a notary?"

The only "papers" you've clearly described are a power of attorney and a resignation. Neither of those needs to be notarized (at least not in this context).

"Does those papers are valid even if he signed under pressure?"

Being "under pressure" does not void or make voidable things such as you described. Coercion or duress might, but the line is fuzzy at best, and your conclusory statements don't allow us even to begin analyzing the situation. Your friend certainly can revoke the power of attorney at any time and consult with an attorney to discuss his options.

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