Popular on Facebook (some) Archives - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

November 3, 2017

Notary Sexual Harassment Issues

Many lady Notaries are afraid to go to a single man’s house for obvious reasons. But, the type of harrassment in this blog article will surprise even you guys who read my blogs regularly. Here are some bizarre situations that would happen.

The client wanted to get it on with the Notary. The Notary was offended, but NOT because the client wanted to get it on with him, but because the client wanted to do it do it with him and his stamp. The Notary said, “I’m not into that!”

The next situation involves the Notary chasing a woman around a desk (sounds like a Hindi movie) to get her signature. The woman resists because she claims she doesn’t know the Notary well enough to sign his journal. Sounds like a Beetles song, “Baby let me sign your journal.”

The last situation happened with Will from Will and Grace. Will had a male Notary who was straight who was offended because of how Will kept talking about how he wanted to be Notarized. Will: “Oh, NOTARIZE me, STAMP me, STAMP me all night long. Oh, whip out that embosser. Oh, you… Do you want me to SIGN something? I want to SIGN your BOOK. Oh please let me sign your book! Are you going to hold my thumb when we do journal thumbprints?” Then the Notary said, “Oh, my state doesn’t require thumbprints.” Then Will said, “in that case, you’re fired, but before I fire you, are you going to stamp me for approval?”

.

You might also like:

Compilation of posts about Notary dating & romance
http://blog.123notary.com/?p=17451

The Sexting Notary
http://blog.123notary.com/?p=19727

Don’t have unprotected Notarizations
http://blog.123notary.com/?p=19467

The sexist Notary Dentist
http://blog.123notary.com/?p=16513

You will be all alone with me
http://blog.123notary.com/?p=3430

The Mannequin Signer
http://blog.123notary.com/?p=3178

Share
>

October 17, 2017

Notary Public 101 — Basic Notary Vocabulary

Return to the table of contents of Notary Public 101.

BASIC NOTARY TERMS
We will hold you responsible for these. You might also like our complete glossary of Notarial terms.

.

Affiant
An Affiant is a person who will swear under Oath and is commonly used to refer to someone who is signing an Affidavit. A Defiant is a person who swears under a tunnel when he loses the AM reception of a basketball game he bet on.

Affix
When you attach something to another thing that is considered affixing. But, in the Notary profession when you stamp something with your seal that is also called Affixing. If you forget to stamp a document you notarized and title finds out, you will really be in affix (a third usage of the word.) When you attach someone with another person, that’s called fixing up.

Agent
Someone who has received special powers from a Power of Attorney signing is called an Agent or Attorney in Fact and also referred in the document as a Grantee. Someone who’s received special powers to go fight crime is called a superhero.

Apostille
An Apostille is a Notary procedure or act that involves both the Notary and the Secretary of State where the Secretary of State officially verifies that the Notary used in a transaction is indeed a real and current Notary in good standing. This procedure is used when sending certain documents outside the country and Authentications are also used to send to other particular counties. If you’re a real and current notary who gave up your seat on the subway for an elderly person, you’re good, standing, in good standing.

Attorney in Fact
The person who receives Power of Attorney is called an Attorney in Fact or Agent. When this person signs on behalf of the principal they sign: John Smith, as Attorney in Fact for Sharon Smith. There are other versions for how to sign as an Attorney in Fact. The person who receives power of X-Ray Vision is called Clark Kent.

Borrower
The borrower is mistakenly referred to as a “client” or “customer” by newer Notaries. The borrower of a cup of sugar is mistakenly called “neighborly.” The signing company regards the title company as their customer while the signer of the loan is called the borrower in oral language. Please also distinguish between a loan signing notary who supervises the signer and is not himself a signer although many Notaries refer to themselves as signers as a professional designation. The Notary Signing Agent is a signing facilitator, not an actual signing in real terms. The borrower can also be referred to as a Mortgagor who borrows from the Mortgagee (the Lender).

Certificate
A Notary Certificate could be a loose piece of paper attached to a Notarized document. (An unattached loose piece of a** would rather be called promiscuous.) A Jurat could be on a loose certificate where the Affiant writes a statement that they will swear to and sign in the presence of the Notary. Not all Notary acts use a certificate such as purely verbal acts such as Oaths and Affirmations and in some states Witnessing. Please understand that although a Jurat uses an Oath as part of the act, that an Oath by itself does not use a certificate. Some also swear that Donald Trump is a true copy of The Annoying Orange.

Copy Certification by Document Custodian
Some states allow for document copy certifications to be an official Notary Act. Some states only allow for a certified copy of a Power of Attorney. However, the Copy Certification by Document Custodian is an unofficial copy certificate and a glorified Jurat with special additional verbiage where the document custodian swears to the fact that the copy is a true copy of the original document.

Grantee
A Grantee is a term used to refer to someone who has been given something such as Power of Attorney agent privileges. The actual Power of Attorney document uses this term to describe the future Attorney in Fact or Agent.

Grantor
A Grantor is a term used to describe someone who has given Power of Attorney privileges by naming an individual as Attorney in Fact or Agent in a Power of Attorney document. A take it for granted-er is a term used to describe someone who knows his wife will throw his dirty laundry in the hamper.

Principal
The main signer of a document could be refered to as a principal. This is the Grantor in a Power of Attorney signing although the two terms are not synonomous. A Principal is also a term used in a Proof of Execution signing and is the person who signs the document. Another proof of execution: Kim Sung Un’s uncle’s tombstone.

Subscribing Witness
A witness who watches someone sign is called a subscribing witness. A witness who watches somebody else’s Netflix is called a non-subscribing witness. The Signature by X procedure uses a subscribing witness who is also commonly referred to as a credible witness meaning a witness who can be trusted. Proofs of Execution use a subscribing witness as well to appear before the Notary Public on behalf of the principal who is the person who signed the document. The Signature by Ex procedure is commonly referred to as divorce papers.

Venue
The venue is the part of the Notary certificate generally near the top that is used to state the state and county. All states have a venue somewhere in the top third of the certificate for all Notary acts that use a certificate such as Acknowledgments, Jurats, Proofs of Execution, etc. A venue is also the place where the notarization takes place. If you change the venue, does that mean you get up from your chair and go to a different address or does it mean you cross out and initial the venue in the Acknowledgment form. I’ll leave that to your imagination. The venue in my brain that conjured up that question is now closed.

Share
>

August 30, 2017

Attorneys bullying Notaries — when does it end?

I get a call from an attorneys assistant in Kentucky. (this office had used me a couple of times previously and had been happy with my work). On this occasion they had a power of attorney- purchase assignment and wanted my assistance. We agreed to a handsome fee. I received the email confirmation of time and place and I call borrower to confirm. I receive the documents a couple of days day before the assignment and as I am going through the notary instructions, i see references made to the notary acknowledgement wording. It states that I must NOT correct or modify the notarial wording on the Mortgage/Deed, (I just love how these folks love to tell us how to do our jobs) as there had been problems with other transactions in the past and they had trouble recording the deeds that had been modified. It was also suggested that I was free to attach my California compliant acknowledgement if I wish but I MUST also complete the notary certificate that they had already partially filled out. (another no-no in my book) I go to the mortgage/deed and it reads: John Doe as Power of Attorney for Mary Doe as her Attorney In Fact. Now, for us California notaries we cannot ‘certify’ a capacity. This means that everything must go but the name of the person that is appearing before us. In this particular case it is ‘John Doe’ and nothing else.

I call the attorneys office and explain this to the assistant and she said I must do it her way because it will not record. She says she is aware of our rules but insist that they have had problems in the past with the recorders office and that I can also, in addition to notarizing the pre-typed acknowledgement add an acknowledgement if I choose too. I tell her that would mean that I was notarizing everything twice and that was not going to happen. I give her 2 choices: 1. I can line through the unacceptable verbiage and initial or 2. I can cross the whole acknowledgement out and then attach a fresh acknowledgement. Her choice. We go back and forth. We are at a standstill. I go to our Secretary of States website and print out and scan to them the section that prohibits us from certifying a capacity. But that still is not enough for them. I start receiving angry calls from the others in the attorneys office as well as the lenders loan officer. All were insisting-even demanding that I do it their way. Frustrated, I told them to just find someone else. They ignored this request and I assume it is because they knew they would have this same problem with another notary.

At this point, I am really at my wits end and I decide that I should call the County Clerk in Kentucky and see what they have to say about this situation. I ask to speak with a supervisor. I tell her my story and she tells me that she has no idea why they felt that it wouldn’t record. She said that her office is very aware of the different notarial procedures by state and she assured me that the mortgage/deed would record. I emailed all parties involved the supervisor’s name and number.
No-one replied.

On the day of the signing, since they refused to choose whether they wanted a fresh acknowledgement or for me to line through the Power of attorney verbiage and initial. I choose for them. I choose option No. 2. and I attached fresh acknowledgements throughout the package replacing theirs. A much cleaner method.

Moral of the story-I stood my ground. I refused to let folks intimidate/bully me to do something that was illegal for me and my state. Notaries you need to know your notary laws and your do’s and don’ts! Now, although this attorney office never called again and I lost a good paying account, I did what I was supposed to do. I did my job.

.

You might also like:

The ultimate recipient
http://blog.123notary.com/?p=19146

Power of Attorney of the Future
http://blog.123notary.com/?p=18948

Share
>

August 6, 2017

Is it better to piss a few people off, or protect society?

The moral of the story is that it is good to look at situations in perspective, preferably a higher perspective. Most Notaries want to please their customers and the way they do their job is for that purpose only. As a Notary Public, your job is to serve the public and to obey the laws of your state. Additionally, you should follow best practices or prudent practices whether required by law or not simply to protect yourself and the public from fraud. The whole purpose in having Notaries is to deter and prevent fraud, so if you take short-cuts that make fraud easy, then there is no point in the existence of your profession.

Many companies discourage thumbprint taking
Many signing companies and title companies do not like Notaries asking for thumbprints because many borrowers don’t like being asked to give thumbprints. Nobody wants complaints. The state of Florida’s FAQ page stated that they did not want Notaries requiring thumbprints, however, they did not object to asking for thumbprints. Many Notaries in Texas claim that their state doesn’t allow thumbprinting. I’m not sure if this is correct or now. The fact is that many entities are against thumbprints since it takes private information from an individual and makes it available to others as well as the fact that many object to thumbprints as it is a pain in the neck (and wrist.)

Identity frauds get caught with thumbprints
Although many people are against thumbprints, many Notaries listed on 123notary claim that they assisted the FBI catch some heinous identity thieves, frauds, ponzi schemers (not to be confused with the Japanese ponzu sauce which is citrus and soy based.) and other bad guys. One Notary on our site help to get a guy nailed for 15 years of hard time who ruined the finances of presumably hundreds of unsuspecting victims. If it hadn’t been for that journal thumbprint that the Notary lady in question took, the FBI would not have been able to catch the fraud.

The Notary is normally considered a suspect
When the FBI interrogates a Notary Public, the Notary is considered a suspect. If you do not take proper journal records, it might appear that you are FACILITATING fraud by your lack of record keeping. Proper journal entries help uncover what happened at a Notary appointment. If an ID was forged, the information in your journal is useless unless you have a thumbprint which cannot be forged unless you are wearing a latex thumb-cover which would be easily detected by the notary. By not keeping a thumbprint you are facilitating the possibility of fraud. Additionally, keeping journal entries with multiple documents per journal entry raises the possibility that the Notary added extra documents to the journal entry after the fact and used them fraudulently which is why we recommend one journal entry per person per document in all cases even if that means you will have to buy a new journal every two weeks. You could be named as a suspect by the FBI or have to appear in court for a long time if there is identity fraud facilitated by your notary commission. A thumbprint is the single most easy and effective way to get judges, FBI agents and other investigators off your back and keep you out of court. I have heard first hand of many examples from our Notaries where they were off the hook due to proper record keeping who would have been in court WITHOUT PAY for a month if they did not keep good records.

Would you rather piss people off or protect society?
Let me ask you a question as a group. Pretend that over the next four years you will notarize 10,000 individuals. Pretend that ONE and only one of these individuals will be a really horrible identity thief who has victimized dozens of people, cheating them ouf of their life savings. Assume that by thumbprinting them, that when the FBI knocks on your door, your information will be the critical piece of evidence that will be used to nail that sucker and put him away for good. By helping nail that scoundrel you saved 21 more people who would have been financially ruined because of that joker. Pretend that 500 people and some of the companies you work for will COMPLAIN that you are taking thumbprints when it is not required by law except currently in California (hopefully subject to change in those other negligent states that should have their heads examined.) Is it worth pissing off 500 people in a small way to save 21 people from financial ruin and emotional devestation resulting from their victimization? My answer is — don’t let petty concerns get in the way of safeguarding society. Be a good citizen and keep your neighbor safe at night. If they protest being thumbprinted, tell them that someone could fake an ID and pretend to be them and steal all of the equity in their home — and that without a thumbprint the soundrel might never even get caught. Your signers will whistle a different tune when they think of themselves as a potential victim.

Summary
(a) You will notarize 10,000 people
(b) 1 will be a bad identity thief who will victimize 21 more people if not caught.
(c) You will piss off 500 individuals and a few companies by requiring thumbprints.
Is it worth upsetting 500 people in a small way to save 21 people from complete ruin?

Your job is not to be the detective, but to keep good records that the detectives can use to nail really really bad people. IMO it is worth upsetting a million people to save even one person from a serious act of identity theft! Society needs to be safe and feel safe. Do your part!

.

You might also like:

10 risks to being a mobile notary public
http://blog.123notary.com/?p=19459

Notice to Title Companies from 123notary about Thumbprinting
http://blog.123notary.com/?p=19453

Share
>

July 31, 2017

When a Title company lies to you

In real life, people lie. It is unethical, and should be avoided. After all, your actions determine the type of world you live in. Every time you perform an action, you should ask yourself, if everybody did what I am going to do, would that be the type of world I want to live in?

But, what types of lies do Title companies tell you? You would be surprised.

One Notary had an incident where she was told she forgot to put a stamp on a particular acknowledgment for a document. After checking her records for that particular loan, it turned out there was no document by that name in the package — she had been lied to! (gasp)

Another Notary was told that they did not need to have the borrowers sign the 1003 Universal Loan Application. There are multiple places to sign. After the fact that Notary got in trouble for not having it signed. If you get unusual instructions that don’t seem right, better get them in writing, or perhaps just rely on your instincts (if you have instincts — what am I a cat?)

One Notary keeps a copy of all the documents in a package on a flash drive to prove if a document wasn’t really in a particular package.

Once an Escrow officer with bubbly handwriting forged my signature and made a photocopy of my seal. I explained to the investigating officer that I don’t make bubbles to dot my i’s, and that it must have been done by a 19 year old girl in his office who goofed on something and had to get something notarized fast!

I heard that once a Title company claimed that a copy of the ID was not included in the package. Keep in mind that multiple hands touch loan documents at title companies, and it is possible for one of those hands to misplace a document in the shuffle.

Lost cashier’s checks? I always attach these to a piece of paper and put it in the front of the package so they won’t get lost. But, title companies still lose $10,000 checks. You just can’t just Mortgage professionals. Half of them are a bunch of dummies! And they normally fail my test too after they convince me how smart they are!

The truth is that you might be asked to go out free of charge to redo the document that you “missed.” What a corrupt way to con a Notary. I missed two seals in 4000 signings in my signing career. So, I might not believe them if they claimed I missed something. I triple checked my work. Only when there was a confusion on a day I was tired and running around like a chicken with its head cut off — that is the only time I might have made a mistake of some sort.

And by the way — it is illegal to send a loose Acknowledgment in the mail if it is stamped. It needs to be stapled to the document it is associated with.

.

You might also like:

The way you treat Jeremy might be the same way you treat title
http://blog.123notary.com/?p=19590

WFG National Title Insurance Company
http://blog.123notary.com/?p=19211

Protecting yourself with a contract
http://blog.123notary.com/?p=2593

Share
>

June 5, 2017

How to make a good first impression

Filed under: Marketing Articles,Popular on Facebook (some) — admin @ 8:26 am

Jokes aside, as a Notary, you need to make a good impression with your seal. If the corners are too light or the seal was smudgy, your documents could get rejected by the county recorder and we can’t have that!

But, what about making a good personal impression? Here are some pointers.

1. It all starts out when the customer sees your advertisement on 123notary or another directory. Did you fill out all the fields in your advertisement page? Did you state what type of internet connection, laser printer you have? Did you say if you specialize in jail signings, affidavits, etc? You would be surprised by the amount of people who do not adequately fill in their notes section. Some people leave it blank, or jumble a bunch of unrelated facts in one hard to read paragraph. An informative and well written notes section filled with factual information is irreplaceable. As 123notary for help with your notes section. Just email us – it’s free.

2. If the customer doesn’t like your notes section they will not call you, so skip part 2 if that is the case. But, if they did like your notes, or are desperate, they might still call you. How you answer the phone matters.

“Hello, this is Donnie from Donnie’s Mobile Notary and Apostille.”

Notice how Donnie announces not only his company name, but his personal name. He doesn’t just say, “Hello” and make you ask who he is, or force you to repeat who you are three times before he divulges his secret of who he is.

3. Speak clearly and answer all of the client’s questions with clear, short answer. Don’t give roundabout answers. Don’t say “it depends.” Tell them what your mileage rate is or your rates to particular regions. Try to work out ahead of time what you charge for various jobs. Don’t make the negotiating process a headache otherwise you won’t be called again — unless they are desperate.

4. If someone asks what counties you go to, don’t tell them zip codes or cities. Just give them a quick list of counties. If you tell them your radius, tell them the names of the counties since that is what they asked for. If they ask for a radius, then give them a radius. And don’t ramble. Just the answer to the question, not more, not less.

5. When you show up, be well dressed, and on time. Announce yourself at the door. It is better if you also confirm the signing a day beforehand or a few hours beforehand to make sure everybody will be home.

6. Don’t discuss politics, religion or any controversial topics at the signing. You can make a little small talk, but don’t over do it. Your job is to get in and out and do a professional job at the signing. You can give them a business card after it is all over.

7. Get the FedEx in the box at a staffed location immediately after the signing. Don’t wait around. You might get busy and forget to drop it before the deadline.

And those are the basics for how to make a great first impression. If you have more information which you feel is relevant and helpful, please write a COMMENT to this blog entry!

Share
>

May 14, 2017

Million dollar E and O?

Filed under: Carmen Towles,Popular on Facebook (some) — admin @ 10:10 am

So it seems that their is a signing service sending out emails to all of the notary signing agents in their data base, informing them that for $100 each they can buy into their companies million dollar E and O policy. I have been asked to weigh in on this. My initial reaction was how odd it was and many questions come to mind. For one, I am not sure that it is even possible for a group of notaries to be under one policy. (I put a call in to an E and O provider at the time of writing this blog and I am waiting for my answer. If any of you veteran notaries know, please post it in the comments section below.) Also, all notaries are independent contractors. They have their own business, and we all work and reside in different states. Another question came to mind; would your name be listed among all the others who buy in under the policy? And would all notaries receive an actual policy? Unfortunately, the email that folks received did not answer any of these questions. What I can say, (and i mean no disrespect) is that on the surface it looks like this signing service is trying to get a little help from the notaries paying their E and O policy. I imagine a million dollar policy is very expensive. If the signing service wants to weigh in that would be great. I believe they are a member of 123.

I never understood the demand from these signing services for such high amounts in the first place. E and O for notaries covers errors and omissions (like forgetting to sign, wrong date, incorrect venue, etc) ONLY- nothing more. In this case of a million dollars, I cant imagine that that these types of errors would even come close to this high dollar amount. And typically, errors are caught before they even have a chance to turn into a problem.

I’d love to hear what you have to say about this…

Share
>

May 9, 2017

When do you cut clients?

Filed under: Best Practices,Popular on Facebook (some) — admin @ 7:35 am

Most Notaries either want to get more clients, or don’t want to bother with marketing because they have “enough” clients. Some Notaries have too much work and don’t have time to sleep. All three scenarios are classic cases of mismanagement. Being a Mobile Notary is like having a hotel. Hotels have rooms, you have hours. Both are in limited supply and you never know what type of last minute requests will come in.

Discounts for early booking.
If you have a pricing formula (few Notaries have formulas, but all should) you might consider charging less for people who book in advance and don’t cancel. That way you can plan your day effectively. Waiting for last minute calls is hectic and unpredictable which means you would make less average money in a 24 hour period.

When to cut clients?
If you don’t have enough clients, you are stuck with whomever hires you. If you don’t have enough experience, reviews, or didn’t pass the critical certification exams that people want you to, you won’t get as much business. It is your fault if your business is slow due to your own deficiencies, so do something about it. Cutting clients comes when you are at 80-100% of capacity. A Notary or hotel cannot book at over 100% capacity. If you work 60 hours a week, then your 100% is having all 60 hours booked (and having your notary conference hour/room booked.)

Who to cut?
Instead of refusing service to particular companies, it usually makes more sense to raise their rate. That way you make it worth your while to put up with their nonsense. Companies that are:

1. Inconsiderate — jack their rate up 10%
2. Pay Late — make them pay in advance with paypal (weeds many out)
3. Cancel more than 20% — jack up their rate 20% or have them paypal a non-refundable deposit for part of the costs.
4. Have really long packages — jack up their rate 10%; Long won’t kill you as much as the other problems.
5. Didn’t explain the loan to the borrower enough — jack up 25% (results in long phone calls while you twiddle your thumbs.)
6. Don’t pay enough — jack up according to your formula
7. Fax Backs — charge based on time and resources spent.

Ideally, to have a happy mobile notary service, you need to develop a large enough clientele that you can pick and choose. That way you can get rid of the annoying clients and still have enough left over. Most business these days is low-ball. However, experienced Notaries have been telling me that they have more than enough business paying a reasonable amount.

To have your cake and eat it too, having high paying, easy to work with companies, you need to be the best. So, I encourage you to pay your dues, get more experience, get reviews, certifications, have an amazing notes section, and you will do better. The most important bottom line is that advertising is the seed of business. Once you have developed loyal clients over the years, you will rely less on advertising and more on connections. It takes time and quality work to develop connections who rely on you. So, be patient and keep giving this business your all.

Share
>

January 28, 2017

WFG National Title Insurance Company

Here is a condensed version of the more interesting comments about this company on our forum.

(1) Penny
“I have not received payment since my assignment and invoice to WFG on November 28. Despite numerous emails saying it’s in the mail, or will be in the mail, zero.
Penny 1-17-17”

(2) Joan
“WFG in Westlake Village, CA is giving me the run around with my fee being received. Completed signing on 9-30-16, it is now 11-29-16. Unacceptable. They claim they are going through a transitional period since Michael Crowder is no longer with them. What has that got to do with A/P getting my money to me?”

(3) DanNotary
“May not be dealing with them again. Huge packages, lots of work, difficult to get through to anyone and get a response. They pay $125 but if I do anything again its going to be $150.”

(4) 29993
“I have noticed that the loan packages are getting very large…so I have begun to notify, particularly WFG whose files average 170 copies…that my minimum fee is increased by another $20.00..As I mentioned before I have had no problems getting paid and have asked each time if the file is larger than 120 pages to add in another $20…but I’ve had to followup to make sure that it was…..so this week I am sending out notifications to most of the companies I work for to increase my minimum fee to include the $20. Whenever I accept a signing…they will need to include it in the order or I will return the assignment right there and then………We all have to begin to hold the line on our fees or if you accept less then you only have yourself to blame….Good Luck!”

(5) Garyw148
“I agreed to perform a signing for WFG for 10:30am the next day. At 8am I had yet to receive any documents. WFG did not answer any of the 4 phone numbers I called. Nor did they respond to the emails I sent to 3 different people. My last email was that I was going to call the borrower and let them know the signing was cancelled. Moments later (10am) I received a response not to call the borrower that the documents were coming. Then I got an email stating the day would be changed. I called the borrower and basically said to stand by. I requested to be paid via PayPal. I got a call from Mike stating they never pay via PayPal and he would remove me from there list of notaries. I said fine. Be carful here folks. Read the other reviews.”

You might also like:

See our string on WFG on the forum
http://www.123notary.com/forum/topic.asp?TOPIC_ID=5117

See our string on NEW signing companies
http://blog.123notary.com/?tag=new

National Preferred Notary
http://blog.123notary.com/?p=16669

Are you a Yes-tary or a No-tary?
http://blog.123notary.com/?cat=3241

Share
>

December 22, 2016

How do I get a notarized Power of Attorney?

How do I get a notarized Power of Attorney?

It is common to need a Notarized Power of Attorney. The issue is that many people don’t know where to go for help. You need to either find a Power of Attorney form, or have a customized one drafted by a law firm. But, be careful. If you have the wrong Power of Attorney form, it might not be acceptable to whomever the custodian of the document is, or to the courts. I am not an Attorney and can’t advise you, but I suggest you first talk to the agency you are submitting the Power of Attorney to and see what their requirements are. After that, talk to an Attorney.

Step 1. Check with the Document Custodian

Many banks want customers to use their own Power of Attorney for Banking document to be used. This Banking Power of Attorney is sometimes not on an 8.5 x 11 piece of paper. I have seen them printed on card stock in such a way where there is not enough room for a Notary seal. Banks often insist that the Notary seal is on the actual document and won’t accept Attorney written documents. So, talk to the entity you are submitting the Power of Attorney for before doing anything else.

Step 2. Draft your Power of Attorney

If necessary, get your Power of Attorney drafted by an Attorney or someone who your Attorney recommends.
If you use a standardized form from an office supply store, make sure you get it all filled out before calling the notary.
You will need to have an Attorney in Fact (Agent or Grantee,) a Grantor, and you need to specify what powers you are granting, and for how long, and under what conditions. It’s complicated and critical, which is why you need an Attorney at $200-$400 per hour!

Step 3. Find a Notary on 123notary.com!
Any notary can notarize a Power of Attorney. They can also notarize a Durable Power of Attorney, or notarize a Health Care Power of Attorney. Certain states even allow the Notary to make certified copies of a Power of Attorney. 123notary offers a wide selection of mobile notaries who can come to your home, office, hospital room, or jail cell and get your Power of Attorney notarized. Make sure you have current photo-ID issued by government agency.

Step 4. Submit your Notarized Power of Attorney
Once your POA is notarized, you might need to submit it to a particular party, or have it registered at some government office. Ask your Attorney what to do. Keep in mind that banks often have their own forms for Banking Power of Attorney which are often very simplified forms on card stock which would be significantly below the standards of an Attorney. But, if it is for their bank, they have the right to request any type of form they like. Just make sure your Attorney doesn’t object too terribly much. It’s complicated! Be prudent and consult the right people and Attorney before making your decision what to do.

Types of Powers of Attorney

Health care Power of Attorney documents which are often called health directives, medical power of attorney forms or living wills. These are normally very long documents written by an Attorney who specializes in these matters. These types of documents often specify what to do if the Grantor becomes mentally incapacitated, or have to be put on life support.

Limited Power of Attorney documents which grant authority to the grantee to perform certain actions on behalf of the Grantor.

Durable Power of Attorney documents which could stay valid even after the Grantor becomes mentally incompetent (ask an Attorney for details.)

General Power of Attorney — gives broad authorizations to the agent

Special Power of Attorney — gives specific and special powers and authorizations to the agent

Final Note
Don’t ask legal questions to Notaries or other non-Attorneys. First of all, Notaries are not trained to answer legal questions. Secondly, they are not allowed by law to answer legal questions. Get your legal questions out of the way with your Attorney before you make your initial call to the notary. Nothing is worse than keeping a notary on hold while you resolve issues that a responsible person would have resolved long before they called in a notary! Also, Notaries are not normally authorized to draft legal documents, so find someone who is legally authorized to draft legal documents which is normally someone who works as an Attorney or perhaps in the legal field.

Share
>
Older Posts »