Hello TUG,
Can anyone confirm the following information that has been explained to me by the Legal Department at the Florida head office of our timeshare company:
We were well along the process of returning our Las Vegas timeshare to these folks in Florida by using their “Deed Back Program”.
My wife is ill and unable to sign documents, but fortunately we have a (Canadian) Enduring Power Of Attorney document that authorizes me to sign on her behalf. The legal department at the timeshare company headquarters says that Power Of Attorney documents are not acceptable in “the courts” in Nevada. The specific issue seems to be that our signatures on the POA were witnessed by our Estate lawyer/attorney and his legal secretary which are not acceptable to the Nevada courts –> the document would have been acceptable if our signatures had been witnessed by a Notary Public.
The legal department at the timeshare company offered us a `workaround’ that they usually use in Nevada -> they would send us an Affidavit specially created for Nevada courts, and my wife could mark an “X” in the presence of a Notary Public who would have to come to our home. Unfortunately my wife can no longer hold a pen, so this is not an option for us.
Please let me know if you have encountered this same restriction, or if you have any other insights to share.
Can anyone confirm the following information that has been explained to me by the Legal Department at the Florida head office of our timeshare company:
We were well along the process of returning our Las Vegas timeshare to these folks in Florida by using their “Deed Back Program”.
My wife is ill and unable to sign documents, but fortunately we have a (Canadian) Enduring Power Of Attorney document that authorizes me to sign on her behalf. The legal department at the timeshare company headquarters says that Power Of Attorney documents are not acceptable in “the courts” in Nevada. The specific issue seems to be that our signatures on the POA were witnessed by our Estate lawyer/attorney and his legal secretary which are not acceptable to the Nevada courts –> the document would have been acceptable if our signatures had been witnessed by a Notary Public.
The legal department at the timeshare company offered us a `workaround’ that they usually use in Nevada -> they would send us an Affidavit specially created for Nevada courts, and my wife could mark an “X” in the presence of a Notary Public who would have to come to our home. Unfortunately my wife can no longer hold a pen, so this is not an option for us.
Please let me know if you have encountered this same restriction, or if you have any other insights to share.