In the realm of legal transactions, the role of a notary is paramount. Whether you’re a homeowner finalizing the purchase of your dream home or a business owner executing critical contracts, the presence of a notary ensures the legality and integrity of these important moments. However, notaries are human and, like anyone, can make mistakes. Recognizing and avoiding common notary mistakes is key to ensuring that your transactions proceed without a hitch. Let’s dive into some of these pitfalls and how to avoid them.
1. Failing to Identify Signatories Properly
One of the most critical roles of a notary is to verify the parties’ identity in a transaction. Common mistakes include not checking identification thoroughly or accepting expired IDs. To avoid this, always insist on current, government-issued identification with a photo, signature, and physical description.
2. Neglecting to Record Entries in the Notary Journal
A notary’s journal is an official record of notarial acts and protects the notary and the signatories. Skipping entries or not detailing the transaction accurately is a mistake that can lead to legal complications. Ensure every act is recorded promptly and in detail.
3. Improper Use of Notary Seals
The misuse or improper storage of notary seals can lead to unauthorized use and fraud. Notaries must secure their seals and only use them when performing an official act. Remember, your seal is your responsibility.
4. Overstepping Notarial Boundaries
Notaries are not legal advisors. Offering legal advice or explaining the contents of a document oversteps the boundaries of the notary’s role and can lead to legal repercussions. If asked for advice, the best practice is to direct the individual to seek legal counsel.
5. Incomplete or Incorrect Notarization
Missing information, such as the date, location of notarization, or signatory details, can invalidate a document. Likewise, using the wrong notarial certificate or wording can lead to a document being challenged. Always double-check your work for completeness and accuracy.
6. Not Understanding State-Specific Laws
Notary laws vary from state to state, and not being up-to-date with your state’s requirements can lead to mistakes. Continuous education and reference to state notary manuals are essential to stay compliant.
7. Ignoring the Signer’s Willingness and Awareness
A notary must ensure that signers are willing and aware of what they are signing, free from coercion or impairment. Ignoring signs of reluctance or confusion can question the validity of the notarization.
How to Avoid These Mistakes
Avoiding these common notary mistakes starts with education and diligence. Stay informed about your state’s notary laws, attend refresher courses, and always adhere to the best practices of your profession. Furthermore, utilize resources like the FedEx drop-off service for secure document handling, ensuring that your notarial acts are completed with legal integrity and efficiency.
Ensuring Legal Integrity in Every Transaction
Elevating your notarial expertise involves being vigilant about common notary mistakes and taking proactive steps to avoid them. By thoroughly verifying identities, meticulously maintaining your notary journal, correctly using your notary seal, staying within your legal boundaries, ensuring the completeness and accuracy of every notarization, understanding state-specific laws, and respecting the signer’s willingness and awareness, you safeguard the legal integrity of every transaction. Homeowners and business owners alike depend on this diligence for the seamless execution of their most critical documents. Remember, knowledge and attentiveness are your best tools for avoiding these pitfalls and upholding the trust placed in you as a notary.
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Power of Attorney – Notary Processing Mistakes
Playing Lawyer
You’re going there to notarize, that’s what you do. The caller asked you to bring some blank copies of a “standard” Power of Attorney. I think not. There many different formats to the Power of Attorney document. Selecting, as when you provide a document; could probably be interpreted as the Illegal Practice of Law. You don’t know their requirements, but you happen to have some documents titled Power of Attorney – a recipe for disaster. We notarize upon proof and oath; it’s their responsibility to know what they are signing. That applies to Principal, Agent, Monitor and Successor Agent.
Fuzzy Job Specifications
I need my signature notarized on a Power of Attorney form. Do you accept that sole statement? Does the caller have the form(s)? Is the caller the Principal granting the powers? Will there be Agent(s) and Successor Agent(s). You probably inquired about the ID that will be presented by the caller – but do you know anything about the ID status of others to be notarized? Will all parties be present when you arrive, or will there be a lengthy wait for a tardy Agent? The caller mentioned “a” Power of Attorney form, that’s true enough – but are ten more duplicates awaiting you? Did you schedule this as a “quick one” with your next assignment very soon?
Accepting Risk
You want to avoid accepting risk. One tool is having the assignment prepaid. A more important tool is communication with your client. Stress that the signature(s) of the Principal, Agent and Successor Agent must have proper supporting ID, and that the name on the ID must match the name to be notarized on the Power of Attorney. I make it very clear: “If any person to be notarized has an ID issue that precludes notarization; you will get my sincere regrets, but not a refund”. Hospital jobs have access concerns when the Principal is the patient.
Not Sharing your Knowledge
Many are new to using a Power of Attorney. They often assume a photocopy will be accepted and that they need only one original. That is often not the case. Offer duplicates for a modest fee. Blank areas might require a N/A. Use your embosser – it’s required to submit the document to Federal Courts, and might be required if the document leaves the state where notarized. Clients can forget that most Power of Attorney documents require the authority of Agent, and Successor Agent to be specified. This is usually done by the Principal initialing various “right granting” sections giving authority to one or more Agents, and, or, Successor Agents – easy to overlook.
It’s also easy to overlook the “Separately” initial area. When there is more than one Agent or Successor Agent; the common document default is that they must act in unison. Often, the independent ability of these agents is desired; this requires initials in the appropriate area.
Disorderly Processing
In our signings we complete one document then move on to the next one. Processing a stack of identical Power of Attorney documents is best handled differently. I prefer the “same thing over and over” approach. An entry on the first copy is propagated to the remaining copies. Then the next entry is made in a similar manner. This is easier for all involved as they, after the first two or three; are “familiar” with “what goes where”. After ID checking, and notary oath administration(s) – the notarizations can proceed in a similar manner. Mentally tie to giving the oath asking the affiants if they returned their ID to a safe place. This avoids being called to return their ID when they misplaced it – this happened to me a few times.
The Introduction to the Power of Attorney, New York Statutory Short Form
CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the “principal,” you give the person whom you choose (your “agent”) authority to spend your money and sell or dispose of your property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority.
When your agent exercises this authority, he or she must act according to any instructions you have provided or, where there are no specific instructions, in your best interest. “Important Information for the Agent” at the end of this document describes your agent’s responsibilities.
Your agent can act on your behalf only after signing the Power of Attorney before a notary public.
You can request information from your agent at any time. If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s) and to any third parties who may have acted upon it, including the financial institutions where your accounts are located.
You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.
Your agent cannot make health care decisions for you. You may execute a “Health Care Proxy” to do this.
If there is anything about this document that you do not understand, you should ask a lawyer of your own choosing to explain it to you
Have you asked the Principal, Agent, Monitor, and Successor Agent – if they have read and understood the disclosures, usually on the first page of the Power of Attorney document?
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You might also like:
How do you get a Power of Attorney Document?
http://blog.123notary.com/?p=20785
Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255
Index of information about documents
http://blog.123notary.com/?p=20258
Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315