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February 12, 2019

Parties involved in a Power of Attorney

In a Power of Attorney there are a handful of parties that could be involved.

This is the person who hopefully is supervising you in the Power of Attorney creation, drafting and notarizing process. It is not recommended to engage in this process without professional leadership from an Attorney specializing in whatever you are doing.

The Grantor is the person giving powers to someone else. He is also called the Principal signer.

The Principal is the entity signing the Power of Attorney to give powers to another party namely the Grantee, Agent or Attorney in Fact

The Agent is the party who has been given special powers by virtue of the fact that the Power of Attorney was signed

Attorney in Fact
This is a more formal term for Agent, or the person who receives rights, privileges or powers after the signing of a Power of Attorney

The party once again who receives rights from the signing of a Power of Attorney who is only called a Grantee in the document itself but called an Attorney in fact or Agent in real life.

Notary Public
The party who notarizes the Power of Attorney. The Notary act most appropriate for this type of document would be an Acknowledgment.

The party who holds on to the Power of Attorney is called a custodian. This might be a bank, financial bureau, county clerk, attorney, or other entity or entities. There might be more than one entity holding on to a Power of Attorney.

You might also like:

How do I get a notarized power of attorney?

Power of Attorney of the future

Living Will vs. Medical Power of Attorney

Index of posts about power of attorney


February 11, 2019

Certifying a Power of Attorney

In certain states, a Notary can certify a Power of Attorney. It is called a California Copy Certification of a Power of Attorney.

You need a specific NNA form for this Notary act.

The certificate form has room for the state, county, date, and a statement.

I certify that the attached document is a true, complete, and unaltered copy of a power of attorney presented to and examined by me on this date by (name of person presenting the document.) Under section 4207 of the California probate code.

Then the Notary should write in his/her name and sign, plus affix their official Notary seal.

People very rarely get this act done, but it is possible.

You might also like:

Bank of America Power of Attorney Form

How do you get a Power of Attorney Document?

Index of Posts about Power of Attorney

How do I get a notarized Power of Attorney?


December 13, 2018

What are some typical types of affidavits?

Filed under: Affidavits — admin @ 9:42 am

There are various types of affidavits out there. As a former Notary Public, I encountered certain types of affidavits on a regular basis. Here are some of the ones I saw.

Signature Affidavit and AKA Statement
This one shows up in loan packages on a regular basis as signers sometimes have variations in their signature or names.

Occupancy Affidavit and Financial Status
This document typically makes the signer swear that they will move into or reside in a particular property and that they have not incurred any sudden changes to their finances.

Name Affidavit
An Affidavit where you swear to your name.

Identity Affidavit
An Affidavit where you swear to your identity.

Affidavit of Citizenship
An Affidavit where you swear to be a citizen of the USA or a particular other country.

Affidavit of Support
An Affidavit where you swear you will support a particular person who wishes to enter the United States.

Affidavit of Small Estate
Used when a family members dies without a will and property matters need to be dealt with.

Affidavit of Heirship
When a family member dies, the assets must be allocated to the right individuals.

Affidavit of Residence
This document requires the signer to swear to where they live.

Affidavit of Name Changed
Used if you have changed your name.

Affidavit of Death
I’m tempted to say this document makes you swear that you authentically died, but that doesn’t make any sense. It is used to notify financial, legal or other institutions that a person has died.

Identity theft Affidavit
If a person’s identity has been compromised, this document could be filled out and sent to credit bureaus, etc.

Affidavit of Service
Requires an individual swear to the fact that they delivered documents to another individual

Affidavit of Consent
Requires an individual to swear to the fact that they consent to a particular action or activity, etc.

Affidavit of Domicile
Similar to an affidavit of residence.


December 12, 2018

Notarized Affidavit

What is a Notarized Affidavit?
An Affidavit is simply a document that requires being notarized in a way that requires an Oath. The signer or affiant (who is the same person(s)) signs and swears to the truthfulness of the document in the presence of the Notary Public for this type of document as a general practice. The type of Notary act used customarily would be a Jurat.

How do you get a Notarized Affidavit Notarized?
The affiant needs to personally appear before a Notary Public commissioned in the state where the notarization is taking place. The affiant normally needs to be identified with some identification card, or passport that is acceptable in the state where the procedure is taking place. The affiant signs the instrument and swears to the validity of the content of the document in the presence of the notary. The affiant might have to sign the Notary’s journal depending on what state you are in. Normally Notaries charge a state-specific fee for their service.

Who is the document custodian for a Notarized Affidavit?
Please consult your Attorney. That depends and is on a case by case basis.



Signer — one who signs a document.

Affiant — someone who signs a sworn statement or swears or affirms to the truthfulness of an oral statement.

Notary Public – someone commissioned by their state to notarize documents and administer Oaths and perhaps do other tasks depending on what state they are commissioned in.

Identification – normally a driver license, state ID, military ID, or passport, but some states allow for other types of identification as well. Consult your state’s notary handbook online.

Jurat – a notary act traditionally used with affidavits that involves signing a written statement and swearing or affirming under Oath.

Document Custodian – the person or entity who holds on to a document and stores it or saves it in their files.

Instrument – a notarial technical term which means document


You might also like:

See our string about Affidavits

Read about Jurats in Notary Public 101

Compilation of posts about Notary fraud



How do I get a notarized affidavit?
How do you notarize an affidavit?
Who can notarize an affidavit?
How much is a notarized affidavit
What does a notarized affidavit cost?
Notarized affidavit of citizenship
Notarized affidavit of consent
Notarized affidavit of support
Notarized affidavit of domicile


December 10, 2018

Banking Power of Attorney Form

Filed under: Power of Attorney — Tags: , — admin @ 9:57 am

Please be advised that you should consult an Attorney and your bank before attempting to get a Banking Power of Attorney Form drafted or notarized. Many banks have their own form and require the use of their own form. If you do not comply with all of the regulations of your bank, you may find that your power of attorney is rendered powerless and is reduced to being just a piece of paper. Also be advised that the powers granted to the Attorney in Fact may be limited and may or may not include online banking or other privileges.

How do I get a banking power of attorney notarized?
Just find a Notary on 123notary, and they can come to your home, office, jail cell or hospital to get your power of attorney notarized. They will charge you a mobile fee as well. Please make sure the signer has a valid and current government issued photo identification card.

Where can I get a banking power of attorney notarized?
You can also go to your local bank to get your banking power of attorney notarized.

Can the Notary explain the banking power of attorney to me?
Notaries may not draft or explain legal documents unless they are specifically authorized to do so by also being an Attorney or perhaps in a legal profession that authorizes them to do so. Please ask an Attorney all your questions and just have the Notary notarize.

You might also like:

Bank of America Power of Attorney Form

How do you get a Power of Attorney Document?

Index of Posts about Power of Attorney

The Power of Attorney was rejected by a bank


September 2, 2018

Bank of America Power of Attorney Form

Please be informed that banking power of attorneys are complicated and have issues. For an accurate opinion or accurate guidance, you need to consult Bank of America as well as an Attorney.

Attorneys typically can draft up fancy Power of Attorney documents, often at great expense. Their guidance is irreplaceable. However, banks typically have their own Power of Attorney forms and require the use of their forms.

Additionally it is possible that Bank of America might have its own rules for who can be an agent in a Power of Attorney, and also might restrict the rights and privileges of the person who is the Attorney in Fact. I read online that you cannot use online banking if you are an Attorney in Fact for a Bank of America Power of Attorney Form. However, I cannot vouch for the truthfulness of that statement as it might be outdated or false.

Banks will want to see the Power of Attorney and identification before allowing the Attorney in Fact (grantee or agent) the right to access an individual’s account.

How do I get a Bank of America Power of Attorney Form?
Once again, please contact Bank of America customer service.


Other Links:

Legal Zoom Banking Power of Attorney Information

Finding out your Power of Attorney is powerless NY Times

How do you get a Power of Attorney document?

Power of Attorney (string of blog entries)


June 22, 2018

How do you get a Power of Attorney Document?

I run a Notary directory, and people who hire Notaries often have Power of Attorney documents of various descriptions. It is important to understand that not all Power of Attorney documents were created equal and there are legal standards as well as preferences of the document custodians that need to be taken into consideration.

Legal Considerations
Legally, you probably need to consult an Attorney to figure out what rights to grant to another person (grantee) and under what circumstances and what legal language to grant such powers. I cannot assist with this because I am not an Attorney, and even if I were, I would probably not be practicing in your state.

Document Custodian Considerations
Document custodians are another party that you have to please with Powers of Attorney. A document custodian is the party that accepts your document. For example, if you get a POA for a particular bank, they will want a Banking Power of Attorney done their way which often means using their forms and not some form you got at a stationary store that looks equally good to you. The custodian has the right to choose what type of form they want in many instances.

Recording Documents
I am not an Attorney and do not know if/when/how/why Power of Attorney forms are recorded at your county’s county recorder. But, find out if you need to record it in their files ahead of time. There is normally a fee for this and it involves a visit to a government office, standing in line, not knowing what room to go to, etc.

Types of Powers of Attorney.
There are Medical Powers of Attorney, Durable Powers of Attorney where you can switch powers on an off sometimes, Banking Power of Attorney documents, and Limited Powers of Attorney as well. Living Wills are yet another specialized type of Medical Power of Attorney that deal specifically with what happens if the Grantor becomes incapacitated or is unable to make their own decisions while bedridden, etc.

Drafting of Documents
Normally, it is a good idea to consult with an Attorney before creating a Power of Attorney. Since it is a legal document, you cannot have any old person draft it for you. It should be an Attorney, or someone legally authorized to draft documents which rules out most Notary Public practitioners. Banks normally use their own forms, so ask the bank what form they require. Additionally, there are legal support firms who employ Legal Assistants, Paralegals, and a few who outsource low paying legal work to New Delhi where they do a very good job at a third of the cost. You can ask these types of agencies what they recommend and who is authorized to draft your document. Your best bet however, is an Attorney if you can afford it. Even if the Attorney doesn’t draft the document him/herself, at least he/she is supervising and taking responsibility for it which makes it potentially a lot safer for you to get a quality output.

Notarizing Documents
Any commissioned Notary Public can notarize your document in their state of commission. Please do not expect or ask the Notary to explain or understand any legal document. Non-Attorney Notaries may not give specific interpretations or explanations of documents other than general statements (in certain states) about what the document is generally about with no specifics mentioned. The Notary’s job is simply to check your ID, make sure you signed the document, the journal (required in most states, recommended by us in any state as that is your only written evidence of the notarial transaction), and fill out certificate forms that correspond to your document.

Legal Technical Terms
If you are creating a Power of Attorney, there is a lot of legalese which an Attorney can help you understand. The main terms are:

Grantor — the person giving power to another
Grantee — the person receiving special powers from the document
Agent — another name for the person who receives power and can complete tasks for the Grantor.
Principal — the main person signing the document who is the Grantor by definition.
Attorney in Fact — the most commonly used term for the agent / person receiving power of attorney.
Capacity — If you have special powers or a special position in a company, that can be described as a capacity. Being an Attorney in Fact or AIF is considered a capacity that can be indicated on certain Notary forms.

Signing in your capacity as Attorney in Fact.
There are eight ways that I have seen to sign as an Attorney in Fact. Please be advised that the particular verbiage is very particular and can be decided by an Attorney or document custodian. If they want it one way, and you sign with even one comma out of place, the entire document might be rejected and need to be resigned. Here are some common ways to sign, but ask your contact person before you sign anything, as the verbiage does matter.

John Smith, as Attorney in Fact for Sally Smith
Sally Smith, by John Smith, her Attorney in Fact
John Smith, POA for Sally Smith
John Smith, AIF for Sally Smith

In some of these variations, the signer signs the name of the other person (which I am not comfortable with) and then describes their capacity. In other variations, you sign your own name, and then indicate your capacity after a comma after your name. As always, I cannot and will not give legal advice, so, ask an Attorney before you have a Power of Attorney drafted, and before you sign the document and before you sign in your capacity as Attorney in Fact.

If you need a Mobile Notary Public, visit the advanced search page of 123notary.com and lookup by zip, city or county and find about 7000 Notaries Public nationwide, many of whom are very knowledgeable and experienced.

Good luck!


You might also like:

Index of posts about Power of Attorney

Power of Attorney of the Future

Logic errors can cost you as a notary


June 3, 2018

Index of information about documents

Filed under: (4) Documents — admin @ 2:12 am

Here is an index of posts about commonly notarized documents as well as documents that might show up in a loan signing that are of interest to Notaries.



TRID Information

Good Deed Bad Deed — Deeds explained



4506 — Request for Copy of Tax Return

Affidavit of Citizenship

Affidavit of Occupancy

Affidavit of Support

Affidavit of Support and direct communication with the signer

Closing Disclosure

Compliance Agreement

Good Faith Estimate

HUD-1 Settlement Statement

Living will versus Medical Power of Attorney

The Mortgage & The Note

Power of Attorney — see our index page

Power of Attorney — see our string results

Quit Claim Deed

Signature Affidavit & AKA Statement

The Signature Affidavit

Subordination Agreement

Right to Cancel

The Right to Cancel gone wrong

TRID Information

Universal Loan Application — The 1003



May 6, 2018

Index of Posts about Power of Attorney

Filed under: Power of Attorney — Tags: , — admin @ 2:08 am

Power of Attorney – types often created

How do I get a notarized Power of Attorney?

How do I get a notarized Power of Attorney?

Notary processing mistakes on Powers of Attorney

The Power of Attorney was rejected by a bank

POA – Proceed on Alert

Notarized Power of Attorney

Who are the parties involved in a Power of Attorney?

Power of Attorney and verifying capacity.

The switching durable power of Attorney

Submitted as a double credit document

I love Lucy, the Power of Attorney

Where can I find someone to draft a Power of Attorney?


March 23, 2017

The 3 day right to rescind

Filed under: (4) Documents,Loan Signing 101 — admin @ 8:00 am

This article intends to clarify dating on the Notice of Right to Cancel or RTC.

A borrower went to confession

TOM: “Forgive me father for I have rescinded.”

PADRE: “Did you rescind in the 3 day period?”

TOM: “Yes, father.”

PADRE: “Then, it is okay in the eyes of the lord. 3 hail Mary’s.”

TOM: “It was in two days, so can you reduce my sentence to 2 hail Mary’s?”

When you get a non-commercial and non-investment personal refinance, traditionally you get three days to resind or cancel your loan. Counties these three days is a skill that Notaries need, but don’t always have. In the old days, and with certain lenders, the Notary is reponsible to write in the TRANSACTION DATE in a blank in the RTC.

The transaction date is the date when a notarization is done or when a loan is signed. Technically with Acknowledged signatures, the signature can be made previous to the Notarization. It might be five minutes previously or twenty years previous to the notarization. During loan signings, the documents are normally signed at the time of the loan signing and promptly notarized.

The signature date is normally the same as the transaction date, but not necessarily and is the date the person signed the document. Once again, in an Acknowledgment, that could come before the notarization if the borrower wishes to sign ahead of time, but at a loan signing is normally on the date of the loan signing.

The notarization date is the date when a document is notarized.

The recission date or deadline or last day to rescind is three days after the date of the signing not including Sundays or Federal hollidays or other days that the Lender allows.

Please note that business days only include Monday to Friday while days to rescind include Monday to Saturday not including Federal Holidays of which there are ten.

Let’s do some practice runs.

(1.) A loan is signed New Year’s eve on Friday the 31st. What is the last day to cancel your Refinance?
Sat would be New Year’s Day a Federal holiday. Sunday would be a Sunday and not counted. So, you would have… Mon, Tues, Wednesday would be the last day.

(2.) A loan is signed on Monday in April when there are no Federal holidays. The last day to cancel is… Tues, Weds, Thursday would be the last day.

(3.) A loan is signed on Sunday in April. The last day to cancel is… Mon, Tues, Wednesday would be the last day to cancel.

(4.) A loan is signed on Thursday in April. The last day to cancel is… Fri, Sat, skip Sunday and Monday would be the last day to cancel.

(5.) A loan is signed Wednesday before Thanksgiving. The last day to cancel would be… Fri, Sat, skip sunday and then Monday would be the last day to cancel UNLESS the Lender allows Friday as an arbitrary holiday (they can be generous if they like) in which case it would be… Sat, Mon, and Tuesday would be the last day to cancel. Whether Black Friday is considered a holiday or not is up to the Lender and they are 50/50 on this one. But, if they don’t specify, then it is considered a regular business day with exceptionally long lines!

Now boys and girls, we understand the RTC or Notice of Right to Cancel. We hope you are also aware of when the ten Federal holidays come. It is not a bad idea to have a Rescission Calendar. I heard that the NNA might have them, so get one that fits in your wallet.

What’s in YOUR wallet?

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