california who can verify signature on power of attorney except for notary

by Mr. Lemuel Lockman IV 7 min read

Most states, including California, do not require Notaries to verify an attorney in fact’s representative capacity by checking the power of attorney naming the attorney in fact. Other states, such as Hawaii, require the Notary to see proof that the signer has power of attorney. David Thun is an Associate Editor at the National Notary Association.

Full Answer

Do notaries need to verify power of attorney in California?

As you can see from the third step above, a power of attorney needs to be notarized in the state of California. When To Create and Revoke a Power of Attorney You will prepare a power of attorney if you are not able to deal with certain affairs—for example, if you cannot: Pay bills on your own; Sign your name on some documents

Does Hawaii require a notary to verify a signer's representative status?

Sep 23, 2015 · Always be sure to follow your state rules if asked to notarize a signature on a power of attorney document. If a California Notary is asked to notarize a signature for a document granting power of attorney, the Notary must obtain the signer's thumbprint for their journal entry. California Notaries are also authorized to certify copies of a power of attorney document.

Do I need a thumb print to notarize a power of attorney?

Oct 01, 2021 · How to Execute a California POA. A California POA can only be created by a principal who is 18 years of age or older. The principal must also have the legal capacity to enter into a contract. A general or limited POA must be signed by …

Do you have to notarize a power of attorney in Hawaii?

power of attorney is presented to Notary for copy certification. NAME OF INDIVIDUAL who presented power of attorney to Notary. Line through any remaining space. SIGNATURE OF NOTARY exactly as name appears on commissioning papers and in seal. NOTARY SEAL IMPRINT, clearly and legibly affixed. Be sure to affix your seal so it does not protrude into

Does a California power of attorney need to be notarized?

Yes, California law requires that the Durable Power of Attorney must be notarized or signed by at least two witnesses. In California, a principal cannot act as one of the witnesses.

Can a California notary notarize a power of attorney?

If a California Notary is asked to notarize a signature for a document granting power of attorney, the Notary must obtain the signer's thumbprint for their journal entry. California Notaries are also authorized to certify copies of a power of attorney document.Sep 23, 2015

Who can certify a copy of a document in California?

Notary PublicIn California, the law only allows a Notary Public to certify copies of his/her journals and Power of Attorney Documents (CA Government Code sections 8205(a)(4), 8205(b)(1), and 8206(e)). It is absolutely illegal for a California Notary to certify a copy of anything other than the aforementioned documents.

Which is not acceptable in some states when verifying the identity of a document signer?

What types of ID are not acceptable? Generally speaking, Social Security cards, birth or marriage certificates, credit cards, school IDs, library cards and temporary driver's licenses are not acceptable forms of ID for notarization purposes.

What three decisions Cannot be made by a legal power of attorney?

Are there any decisions I could not give an attorney power to decide? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

What documents Cannot be notarized in California?

For example, California Notaries must refuse a notarization if the document is incomplete....Situations may include:The document contains blank spaces or missing pages.The document does not contain a notarial certificate, and the signer cannot or will not instruct the Notary which type of notarial certificate is required.More items...•Jul 15, 2015

How do you certify a copy of a power of attorney in California?

California law allows Notaries to certify copies of powers of attorney under Section 4307 of the California Probate Code. If no other notarial wording is prescribed, this certificate may be used to certify such copies. The NNA recommends that Notaries make, or supervise the making of, the copy.Jul 10, 2016

Can an attorney certify a copy of a document in California?

California Notaries may only certify copies of powers of attorney, or copies of the Notary's own journal entries if requested by the Secretary of State or a court. Florida Notaries may not certify copies of vital records or public records if a copy can be made by the custodian of the public record.Apr 9, 2014

Can an attorney certify documents in California?

Unlike notaries in many other states and countries, California notaries are not allowed to certify a copy of anything except a Power of Attorney. Even if we make the copy personally, we can't certify it.

Who can notarize a document in California?

To become a notary public you must meet all of the following requirements: (Government Code section 8201) • Be a legal resident of the State of California; • Be at least 18 years of age; • Satisfactorily complete a course of study approved by the Secretary of State; • Pass a written examination prescribed by the ...

Can a notary be a witness in California?

The NNA always recommends that in cases in which a document must be witnessed and notarized, the Notary serve as either a witness or Notary, but not both.May 7, 2019

What is a credible witness in California notary?

California allows Notaries to identify the signer through one or two credible identifying witnesses under certain situations. A credible witness is an individual who personally knows the signer and can vouch for the signer's identity to the Notary.Sep 5, 2018

What Is A Power of Attorney and An Attorney in Fact?

A power of attorney is a document authorizing someone to perform duties on behalf of another individual. A person granted power of attorney to sign...

Are There Special Rules When Notarizing A Document Granting Power of Attorney to someone?

Some states may have special requirements when notarizing a document granting power of attorney. Always be sure to follow your state rules if asked...

How Do I Notarize The Signature of Someone Acting as An Attorney in Fact?

An attorney in fact typically signs a document with two names: the attorney in fact’s own name and the name of the principal. For example, if John...

Do I Need to Ask For Proof of The Attorney in Fact's Authority?

Idaho and Minnesota require Notaries to verify the authority of someone signing as a representative through either your personal knowledge or by re...

What Certificate Do I Use If Someone Is Signing as Attorney in Fact?

If your state law prescribes a specific certificate for someone signing as attorney in fact, use that wording. If your state does not specify attor...