what questions do i have to answer for a notary notarizing my power of attorney?

by Christophe Metz I 4 min read

What kind of questions do notary publics ask?

Sep 25, 2014 · A power of attorney is a legal document authorizing someone to make decisions and sign documents on behalf of someone else. Generally, the person creating the power of attorney is known as the “principal,” who authorizes another person “the agent,” or “attorney in fact” to sign documents as the principal’s representative.

Can a notary public notarize a power of attorney?

Dec 24, 2015 · But if you need more information on whether the Notary correctly notarized the document or not, please contact our Hotline at 1-888-876-0827, let the counselor know your state and the details of the notarization, and the counselor should be able to answer questions whether the Notary followed proper procedure during the notarization.

Can a notary act be used if the person doesn’t provide one?

A Notary Public is an official of integrity appointed by Secretary Of State — to serve the public as an impartial witness (duty-bound not to act in situations where they have a personal interest) in performing a variety of official fraud-deterrent acts related to the signing of important documents.These official acts are called notarizations, or notarial acts.

How do I ask someone what type of notarization they want?

A notary public who is an attorney and prepares the power of attorney document for his clients is not necessarily disqualified from notarizing it as long as the attorney is not named in the document and does not have a vested interest in it. It is of utmost importance that the notary public be an impartial party who is disinterested in the ...

Who can notarize a power of attorney?

notary publicIn order to do that, the person signing the power (the grantor) must normally meet in person with a notary public who will certify the identity and signature of the grantor, and make sure that the document is executed properly.Jan 20, 2016

How do I complete a notary Acknowledgement?

3:334:17How to Complete an Acknowledgment - YouTubeYouTubeStart of suggested clipEnd of suggested clipNow what do you fill in fill in the venue or county where you are notarizing the date you notarized.MoreNow what do you fill in fill in the venue or county where you are notarizing the date you notarized. Your name and title of office notary. Public next you fill in the name of your signer appearing.

Is notarized power of attorney valid?

Notarization is one of the proper form of authenticating power of attorney in the eye of law and as such General power of attorney dated 28.08. 2008 is valid and properly ratified.

How do I notarize a document?

In case it is required, you will need to look for a registered and legitimate notary public. Another easy way to get a document notarized is to see if there is a notary available near your office or house. stamp besides your signature. This provides security and verification that it is you who signed the document.

Why does notary need thumbprint?

As a biometric identifier, a signer's thumbprint affixed in a journal of notarial acts offers irrefutable identification of the signer and helps Notaries prevent impersonation and/or forgery.Jul 23, 2015

Should power of attorney be registered or notarized?

When it is to be registered it should be presented at the sub-registrar's office with jurisdiction over the immovable property referred to in the document. Notarising a power of attorney is as good as registration . Section 85 of the Indian Evidence Act applies to the documents authenticated by a notary.Aug 3, 2008

What is the difference between notarized and registered power of attorney?

Registered Power of Attorney means when it registered in the office of the Registrar of the area. Notarised POW mean if it attested by Notary. POA is either register one or notarized is not valued document for sale. u may obtain General Power of Attorney cum sale and same may be valued if it is resisted one.Jun 4, 2012

Does power of attorney need registered?

Registration: In many cases, a general or specific power of attorney need not be registered. The question of registration arises only if a power is given for the sale of immovable properties. ... However, the Supreme court has recently ruled that a power of attorney given to sell immovable properties should be registered.

What Is A Power of Attorney document?

A power of attorney is a legal document authorizing someone to make decisions and sign documents on behalf of someone else. Generally, the person c...

If Someone Signs A Document as Attorney in Fact, Whose Name and Signature Do I notarize?

In this situation, you notarize the signature of the attorney in fact, not the principal. This may be confusing because an attorney in fact will ty...

Can An Attorney in Fact Swear to Or Affirm The Statement in The Affidavit on Behalf of The Principal?

In most cases, one person cannot swear to or affirm truthfulness on behalf of another. If the attorney in fact requests a jurat or verification upo...

If I’M Notarizing The Signature of An Attorney in Fact, Do I Need to Ask The Signer For Proof of Power of Attorney First?

Each state’s laws on proof of an attorney in fact’s authority are different on this matter, so you will need to check your state’s Notary handbook...

Number 1: What Is Acceptable Id?

This clearly takes the top spot. One of the key reasons it comes up so often is that Notaries are confronted with a growing array of identity cards...

Number 2: Can I Notarize This document?

This is a frequent question asked by both new and experienced Notaries. It can come up if you’re used to notarizing certain types of documents in y...

Number 3: What Kind of Notarization Is Required?

Most clients who come to you simply say, “I need this notarized.” They have no idea that there are different notarial acts. Before you ask them wha...

Number 4: How Do I Complete The Notarial Certificate?

It doesn’t matter if you’re a new or experienced Notary, sometimes you’ll encounter certificate wording that is confusing. Out-of-state certificate...

What happens if you get approved for notary public in Florida?

“If your application is approved, you will receive your commission certificate and notary seal from your bonding agency. Please confirm that the information on the seal and certificate are correct; if so, you may proceed to perform your duties as notary public” (Florida Governor’s website, “How to Become a Notary”).

What does "location" mean on a notary certificate?

Hello. The venue (location) on Notary certificate wording always indicates the location where the notarization occurred. You should write in the state and county where the notarization is taking place in the venue section of the certificate

Can you certify a power of attorney in California?

If so, we're sorry, but you may only certify a copy of the power of attorney-you cannot certify copies of the other documents. California only authorizes Notaries to certify copies of powers of attorney, or copies of their own journal entries if requested by a court or the Secretary of State's office.

Can you notarize a signature in California?

Hello. If the initials do not represent the signer's legal signature, they should not be notarized. California prohibits a Notary has a direct financial or beneficial interest in a transaction from notarizing. A Notary should always avoid notarizing if there is the possible appearance of a conflict of interest. If you are not sure whether or not you have an interest in a document, the safest course is always to find another Notary with no connection to the transaction.

Can you use a stamp with your old name in Colorado?

According to Colorado Revised Statutes 24-21-517, the stamp must contain the name of the Notary as it appears on the Notary’s commission certificate. Since your name has been changed, you cannot use the stamp with the old name.

Do you have to show ID to notarize in California?

Hello. Yes, in California signers must show you their ID each time you notarize for them. CA Notaries are not allowed to rely on personal knowledge of a signer's identity for notarizations.

Can a notary notarize a signature in Florida?

Hello. No, Florida Notaries may not notarize a signature on a document if the Notary has a financial interest in or is a party to the underlying transaction (FS 117.107 [12]).

What is a notary public?

A Notary Public is an official of integrity appointed by Secretary Of State — to serve the public as an impartial witness (duty-bound not to act in situations where they have a personal interest) in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, ...

What is an acknowledgment?

An acknowledgment is the solemn statement of a person that he or she signed a paper of his or her own free will. The notary verifies the person’s identity, presses his/her notary seal on the paper and signs it where the notary is meant to sign.

Do you have to sign a document before a notary?

However, the signer must still appear before the notary at the time of the acknowledgement to swear he or she freely signed for the purposes stated in the document under his or her own will. Some services, such as jurats, require the document actually be signed in the notary’s presence.

Can an attorney notarize the legal documents he has prepared for his clients? The attorney for my ex-wife notarized her signature on the documents he prepared and got paid for. Can he do that?

An attorney is not necessarily disqualified from notarizing a client’s signature just because he prepared a legal document and received attorney’s fees for its preparation, as long as the attorney is not named in the document and does not have a vested interest in it.

Can a notary notarize a power of attorney for his clients?

A notary public who is an attorney and prepares the power of attorney document for his clients is not necessarily disqualified from notarizing it as long as the attorney is not named in the document and does not have a vested interest in it.

How many signature lines are needed for a notary?

When a document contains three principal signers, three signature lines for the signers, and one notarial certificate, it is directing the notary to perform one notarial act requiring all of the signers to be physically present for the performance of the notarial act. If all of the signers cannot come together at the same time for the performance of the notarial act, a new document must be prepared to include more than one notarial certificate to accommodate the circumstances.

Can a notary public perform a notarial act?

No. A notar y public may not perform a notarial act when the person for whom the notarization is performed does not personally appear before the notary at the time of the execution of the notarization. There is no exception to this very important notarial requirement.

Can a notary notarize a signature?

No. A notary public may not notarize a signature by signature comparison with identification verified. The execution of proper notarial procedures requires the personal appearance of the document signer, who must be face to face with the notary at the time of the execution of the notarization.

Do you have to appear before a notary public to notarize a power of attorney?

No. When a notary public is notarizing a power of attorney for a signer who is giving another individual the power to act as his representative, the signer must personally appear before the notary public at the time of the notarization so that the notary may take the acknowledgment of the signer that the signature was freely made for the purpose stated in the document. There are no exemptions or exceptions to the legal requirement of “personal appearance” for the execution of a notarization.

Can a notary notarize a letter by phone?

A notary may not perform a notarial act by telephone or email or any other electronic device if the signer is not physically present in front of the notary (“face-to-face”) at the time of the notarization.

Can you notarize a document if you did not appear before you?

You failed in your official duties as a notary public by notarizing a document when the principal signer did not personally appear before you at the time of the execution of the notarization. Speaking with the document signer via web cam does not satisfy the requirements of “personal appearance.”

What is the penalty for keeping a notary seal once I am no longer commissioned?

The notary law has at least one provision that could lead to criminal charges for failing to turn in a notary seal once you are no longer commissioned. NCGS 10B-60 (f) says that "Any person who without authority conceals the seal is guilty of a Class I felony".

If a notary resides in one county, can he or she notarize a document in another county?

Yes. A North Carolina notary public may notarize documents in any North Carolina county.

What happens if a notary violates the law?

We will investigate. The notary will have a chance to present his or her side. If we find that the notary violated the law, we can:

What are the crimes a notary can be charged with?

Under the Notary Act , notaries can be charged with both misdemeanors and felonies. A list of violations that are crimes is available on our website. Some crimes committed by notaries may also violate other laws.

How long will it take for my notary application to be processed?

We may take up to 2 weeks to process your application if it is complete and correct. It may take longer if it is not complete or if it is incorrect.

My commission is about to expire. How far in advance can I apply for reappointment?

You can’t apply for reappointment earlier than 10 weeks before your commission expires.

My commission is about to expire. Will I have to take a test to get reappointed?

Yes, you will have to take and pass a test before you can be reappointed.

How many witnesses are needed to sign a living will in Florida?

A living will must be signed by the principal in the presence of two subscribing witnesses, one of whom is neither the spouse, nor a blood relative of the principal. Section 765.303, Florida Statutes, provides a suggested form of a living will. The document requires two witnesses but does not require notarization.

Do you need to notarize a document?

The document requires two witnesses but does not require notarization. However, if your customer insists on acknowledging his or her signature, you may do so. Remember, if you are not an attorney, do not advise your customer about the contents of the document, nor the correct procedure for executing the document.

Can a notary notarize a signature?

Evidently, some notaries believe that it is permissible to notarize a signature when the person is not present if someone who witnessed the signing of the document appears before the notary and swears that the person actually signed the document.

Can you be a notary in Florida?

Section 117.107 (12), Florida Statutes, provides that you may not be the notary for a transaction in which you have a financial interest or to which you are a party. Although this provision was added to the notary law in 1992, it is not a new prohibition. This provision was merely a codification of the same prohibition established by case law ...

What are the duties of a notary?

A notary who is not an attorney is prohibited from the following: 1 Giving legal advice. 2 Representing a person in any trial in District of Columbia courts. 3 Preparing any written instrument affecting the title to real estate. 4 Giving advice in the administration or probate of estate of decedents.

How long does it take to become a notary?

Answer: It takes about 45 - 60 days if the information on the application is accurate for the completion of all requirements to become a notary, including application review, approval of documentation, orientation, and other necessary requirements.

Can a notary public be an attorney?

Answer: A notary public who is not admitted to the District of Columbia bar may not perform the services of an attorney at law. A notary who is not an attorney is prohibited from the following: Giving legal advice. Representing a person in any trial in District of Columbia courts.

Is a title producer a notary?

Answer: Title Producers (Agents) are a separate and distinct category from a notary public. One may become a notary public and not be a title agent or become a title agent and not become a notary in the District of Columbia. Title agents do not come under the purview of the Office of Notary Commissions and Authentications.