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November 14, 2019

Permission to travel for minors

Filed under: Technical & Legal — admin @ 5:46 am

I once created my own permission to travel for minors. The reason is that I wanted places for thumbprints of the various parties involved. I got feedback from repeat clients that the officials in Mexico liked my form because it was thorough and included lots of good forensic information. Here is what I put on my form.

1. Name of the authorizing party.
2. Name of who (name of child) they were authorizing to travel
3. Dates they authorized the child to be gone.
4. Name of the accompanying adult and their relationship to the child or family if any.
5. Places where the party would be traveling to.
6. Thumbprints of the authorizing party and optional prints of the child, and accompanying parties.

I (name of authorizing party) authorize (name of child) to travel to (name of place) accompanied by (name of guardian adult). They will leave (name of city leaving from) on (date) and return on (date). They will be traveling to (name of cities and country).

I do not remember the exact verbiage, but this covers the bases and all pertinent information if I am not mistaken. Traveling overseas as a child is a big deal. You want to make sure nobody is getting kidnapped and make sure nobody is suspicious of kidnapping.

You might also like:

What type of forms should a notary keep in their bag?
http://blog.123notary.com/?p=20011

Make your own notary certificate forms!
http://blog.123notary.com/?p=1759

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August 5, 2019

Notary High School (80’s Style)

Filed under: Humorous Posts — admin @ 8:56 am

Back in the day, they used to teach notary classes in high school just in case some of the students would one day become Notaries. They taught it in the same room they taught typing incidentally which is interesting as both types of work are clerical in nature.

TEACHER: Now class, please turn to page forty. The duties of the Notary Public are to Acknowledge signatures, take Oaths, execute Jurats, and my psychic says that in the future there will be this thing called an Affirmation.

SAM (a 15 y/o student): Hey teacher, you’re a lot hotter than the last teacher we had. Taking your class is going to be a dream come true.

TEACHER: Thank you Sam for your vote of confidence. I truly am glad to know that I indeed am hot, at least in your eyes, and thank you for making your astute observation using correct grammar.

SAM: No problem teach! Any time!

TEACHER: Oh, let’s see. There appears to be a love note on my desk. Well, thank God this class isn’t like the last class. My students hated me.

BRUCE: You’re not going to have that problem here, baby… I mean… teach!

TEACHER: That’s Mrs. Bates to you, but once again, I appreciate your vote of confidence. Let’s see what the letter says. “My love for you has no bounds, I feel like howling like the hounds, my feelings towards you I wish not to belittle or smalledge, but to thee, my love, I sincerely wish to Acknowledge.” Wow! This is not poorly written at all. I would like to instill upon you the notion that I am married, and although your feelings are appreciated, they unfortunately cannot go anywhere.

SAM: Hey, may the better man win. Your husband must have something we don’t have.

TEACHER: Yes, its something called a job… and also maturity, but that’s a completely different matter. Now, moving right along. An Acknowledgment is a notary act where the signer acknowledges having signed a document. They make this formal declaration in the physical presence of the Notary.

CHRIS: Let’s get physical… physical. Is it kind of like that song. You know the Olivia Newton song?

TEACHER: Very much so, but with no dancing. Any questions?

SAM: Yeah… Do you like younger guys?

TEACHER: I like younger people just fine. However, I cannot entertain the idea of the type of relationship you are most likely thinking about.

BRUCE: Do you attest to that? And also… What are you doing after class?

TEACHER: Grading papers. How romantic. See you tomorrow.

(The next day)

TEACHER: Hello class. Many teachers might be cross with you or stern after getting an inappropriate love note.

SAM: What was inappropriate about it? I thought it was well written and didn’t contain any bad words. That’s as appropriate as we get over in this school.

TEACHER: Yes, I see what you mean. But, you see that it is not appropriate to make romantic suggestions to your teacher. It violates teacher-student ethics.

BRUCE: What are ethics? Do Guns and Roses use ethics.

TEACHER: Well, you see, some people think it is morally wrong for teachers and students to have romantic interludes, but if it weren’t wrong, I assure you, that some of you handsome young people here, might be in business. Oh my God, I can’t believe I said that. Father, forgive me. But, my husband found out about the note and guess how he feels?

CHRIS: Uh oh, do I need to change my name and move to a different town and assume a new identity so I don’t get killed or mamed?

TEACHER: Actually, he feels flattered, and he feels more sexy than I have ever seen him feel in his life. He is all excited that his wife is a hot chick that is in demand.

SAM: Woah, I’m glad we could make your family feel all good Ms. Bates. I totally dig that. But, what I want to know now is, “Where do we go, where do we go now, where do we go… sweet child of mine….”

TEACHER: Let me guess, these are lyrics to that new group Titanium… Oh, maybe they are called Platinum. Do they wear really tight pants, look like women from an asylum and scream when they sing?

BRUCE: No, you must be thinking of Motley Crew. This group is called Guns & Roses. The ironic thing is that they don’t own any guns. But, the lead guitar guy wears this really cool hats from the 1800’s which I totally respect because if there is one subject that I like more than biology, it’s history.

TEACHER: I’m glad to know you are learning something Bruce. Anyway, a Jurat is a notarization where you swear to the truthfulness of a document and sign it in the presence of a Notary.

SAM: Is that also a physical presence? Because I noticed that your verbiage was adulterated oh so slightly.

BRUCE: I like your choice of semantics there — adulterated. Someone might feel adulterated really soon because they are in some particular person’s physical presence.

TEACHER: I understand what you mean Bruce, but it doesn’t mean exactly that. You have to be more than in a physical presence to commit adultry.

CHRIS: Can children commit adultery, or only adults?

SAM: Yeah, wouldn’t it be childery if we committed it?

BRUCE: Hey wait a second, if a child committed adultery with an adult, wouldn’t that be childery as well as adultery, or would that depend on which party in the transaction you were a part of.

TEACHER: Children, this is a very interesting discussion. There is no such thing as childery, and for your information, adultery involves inappropriate sexual behavior between a married person and someone else who is not part of that holy union.

SAM: Holy union… I mean holy cow… By jove, I think I’ve got it now.

CHRIS: Well in any case compadres, we made teach’s husband feel like a complete stud. I say our mission was a success and we can all go home now… providing that we finished our written assignment writing a paragraph about each notary act.

TEACHER: I couldn’t have said it better myself. Glad we could learn about notary work as well as adultery all in one short class, not to mention making my husband feel better than he has felt in over a decade. But, I have to go soon as well.

SAM: Why, are you going to grade more papers?

TEACHER: No, I have an appointment at Victoria’s Secret. I haven’t been there in 15 years, but now there seems to be a reason to go — thanks to certain young people with inquisitive minds, and when I say inquisitive, you know what I mean!

BRUCE: Right, like in the Spanish inquisition — they were the most inquisitive people I ever read about in history.

TEACHER: That means something completely different. But, have a wonderful day boys! Ta ta!

You might also like:

Most Popular Notary Jokes
http://blog.123notary.com/?p=8471

Are you a bad boy notary?
http://blog.123notary.com/?p=22380

Notarize you like a hurricane
http://blog.123notary.com/?p=22168

Notary Happy Days goes to China
http://blog.123notary.com/?p=16536

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July 27, 2019

Texas suspends notary who handle Stormy’s hush money

Filed under: Notary Mistakes — admin @ 2:11 am

Stormy Daniels signed a document regarding being paid $130,000 in hush money before the 2016 election. A Texas Notary named Erica Jackson notarized that non-disclosure agreement document concerning the money. But, the State of Texas terminated her Notary commission as a result. The Notary claims she did nothing wrong, yet got canned anyway?

However, the plot thickens. After I watched a video about what had happened, there was a stamp on the signature page, but no notarial certificate verbiage and no notary signature. The notary claimed that the Acknowledgment page which was the third page (that was no longer attached) that stated who was being notarized, etc., was omitted.

Additionally, there was an accusation that the Notary notarized without a signature of the Notary, but the Notary claims that she signed on other pages which were attached.

There was also journal record for the corresponding document, and the journal seemed to have been filled out correctly.

Jeremy’s Comments
If you are a Notary Public, it is quite likely that you could end up on the 6pm national news. So please take your job a little more seriously and get rid of this “I already know it all” attitude, as it is that attitude which prevents you from learning.

This Notary did several things wrong.
1. She stamped the signature page with her Notary seal but omitted Acknowledgment and/or Jurat certificate verbiage. She also omitted a Notary signature to accompany her notary seal which is illegal and she should be terminated if that was the case. It is hard to see what actually happened when you have an inconclusive video.

2. She attached a certificate that was to constitute page three, but that page three ended up missing. Your stamp can not be on page two when the certificate wording is on page three. Those legally have to be on the same page. If the stamp had been on page three where it was supposed to be, she wouldn’t be in a world of trouble.

3. I originally thought (because I prejudged the situation) that the Notary was in trouble because of her association with some dirty business. That was how her improper notarization was discovered, but not why she got in trouble. Interesting in any case.

You might also like:

Stormy Daniels accuses Notary of having intercourse with her
http://blog.123notary.com/?p=20485

Penalties for Notary misconduct and fraud
http://blog.123notary.com/?p=21315

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February 18, 2019

Notary Oath of Office Information

Filed under: Technical & Legal — Tags: , — admin @ 10:40 am

Some states require a Notary Public to take an Oath of Office. The verbiage of the Oath changes from state to state. What you need to know is that you have to swear under Oath to a statement in front of a Notary Public. This is normally done in the county clerk’s office. Then you file your Oath which is in the form of a document that has been signed, sworn to and notarized — you file that with your county clerk and pay a small fee for their service.

The oath and bond must be filed with the county clerk within 30 days of the beginning of your commission in California.

Here is some sample wording for a general Oath of Office

State of California
County of Los angeles
I, (name), do solmenly swear (or affirm) that I will support and defend the constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear the faith and allegiance to the Constitution of the United States and the State of California, that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties upon which I am about to ender and during such tim as I hold the office of (name of office).

Signature _______________

Subscribed and sworn to before me (name of notary) by (name of affiant) this ___ date of month, year.

You might also like:

Filing your Oath & Bond in California
http://www.sos.ca.gov/notary/checklist/bond/

Notary Public Oath of Office information 2012 edition
http://blog.123notary.com/?p=2545

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December 30, 2018

When are you required by law to do Oaths?

Filed under: Technical & Legal — Tags: , , , , , , — admin @ 10:46 am

As we all know, state notary laws differ from state to state. Since I live in California, it is difficult for me to know what all the Notary laws are in other states. Sometimes I create a chart as a cheat sheet to know which states require certain things and which ones don’t. However, every state I have read about (I read handbooks for all states so you will have a problem fooling me — they are all online except for NC if I remember correctly) requires Oaths and has Oaths in the handbook as an official duty of a Notary Public. So, I am going to write some quiz pointers about Oaths below.

1. Oaths are an official Notary act in all states.
If I am wrong, show me your state notary handbook and show me the omission of Oaths.

2. Affirmations are an official Notary act in almost all states…
Or perhaps, now they are in all states. Not sure…

3. If you see the words — SUBSCRIBED AND SWORN (or affirmed) TO BEFORE ME BY…
This is Oath documentation verbiage. It is NOT the Oath itself, but the documentation that you administered an Oath or perhaps Affirmation. If you sign a form stating the above verbiage and do not administer an Oath, you have just committed fraud on a Notarial certificate which is a crime. I am not sure what type of crime it is, but it might be fraud, or even perjury which is a Federal crime punishable by up to five years in jail per infraction. Gulp. Please consult an Attorney to see what type of crime he/she thinks it is as my opinion is a layperson opinion and not legal advice.

4. My state doesn’t require Oaths.
I hear this every day. Your state DOES require Oaths, however your state doesn’t require you to read the handbook that says you have Oaths as an official duty. Moreover, your state doesn’t explain how to administer an Oath or WHEN to administer an Oath. I can blame your state, but this is also your fault if you go through life engaging in criminal negligence because you did not bother to learn when and how to administer Oaths.

5. We don’t do Oaths in my state.
Some people claim that Oaths might be an official Notary act in their state, but that it is never done. This is also not true. Carmen (who does sales for 123notary) does loan signings for out of state documents all the time and every single package has at least one Oath that is part of a JURAT.

6. If you see the word AFFIDAVIT in the title of a document.
The word Affidavit customarily means that the document is to be sworn to before a state official commissioned with the capacity to administer Oaths such as a Judge, Notary Public, Justice of the Peace, etc. If you see the word Affidavit, it is possible, although unlikely that you will execute an Acknowledged signature on that form. 99% or more of the time you will execute a Jurat, and Jurats by definition require the signer to sign (subscribe) in front of you and swear under Oath as to the truthfulness of the document.

7. Are you swearing to the identity of the signer, the signature or the truthfulness of the document.
Many Notaries administer Oaths to me over the phone on quizzes and make me repeat my name several times. However, the Oath for a document is regarding whether or not the document is true or not, and NOT to my identity. However, if the document makes me specifically swear to my name or name variations then I would have to swear to my identity. Additionally, an Oath on a document does not require the Affiant (signer) to swear to whether or not they signed it or whether or not they signed it on their own free will unless their state specifically requires it or unless the cheat sheet for the Oath requires it. As a general rule, an Oath on a document must be regarding the truthfulness of the document as the primary focus. Any other considerations are secondary or perhaps not necessary or perhaps should be left out.

8. Why Oath cheat sheets are dangerous
If you do not know the legal requirements of an Oath on a document in your state, you might not administer a passable Oath if you read off the cheat sheet. In my opinion which is based on logic, but not on law, an Oath on a document must be about the truthfulness of the document. If your cheat sheet for an Oath says, “Do you solemnly swear you signed this document.” — that would lead to an incomplete notarization because you never swore to the truthfulness of the document.

9. I don’t do Oaths, I only do Refinances.
Newsflash — Every refinance I have ever seen has at least one Oath. If there is an Affidavit such as a signature affidavit, identity affidavit, or occupancy affidavit, customarily there will be an Oath. If you do Refinances, you are required to do Oaths as part of fulfilling the statements on the Jurat certificate(s).

10. Oaths on oral statements or without Jurats
You might be asked to give an Oath on an oral statement. There might not be any paperwork involved other than your journal. You need to read up on how to do this. You might also be asked to give an Oath on a document that does not have a Jurat. You would have to ad-lib to come up with verbiage so practice on random documents to get the feel of it.

11. Remote court attendance.
Florida state allows certain witnesses to appear in court by phone. A Notary must swear them in from their remote location. This type of Oath requires the Notary to look at their ID, read it to the judge and do the TV court Oath of how you swear to tell the truth, whole truth and nothing but the truth, so help you God.

12. Penalties for wrong or omitted Oaths.
Notaries rarely get in trouble for omitting a required Oath or refusing to administer an Oath. But, there are times when they do. Here are the things that could happen to you. Why take chances? It is like leaving your door unlocked.

(a.) REVOKED COMMISSION — Your commission could be revoked. I heard of several Notaries in Oklahoma who did not administer Oaths on loan documents.

(b.) OVERTURNED LOANS — The loan that had documents with required Oaths could be overturned by a Judge if they find out that the Notary did not administer an Oath.

(c.) GETTING SUED — The Notary could get sued by the Lender because there will be serious financial damages for the Lender because the Notary omitted a legally required Oath. Damages might be $20,000 or more if you get caught. People don’t get caught often — but when they do…

(d.) FINES — Certain states fine Notaries for misconduct and omissions. Failing to administer a required Oath in California used to have a $750 fine per incident. Now, it might be $1500. I am not sure of the exact fine, but it should be in that neighborhood.

(e.) JAIL — I have heard, and this may or may not be true, that making a false statement about an Oath on a certificate is perjury. The penalty for perjury is a jail sentence of up to five years per incident. So, you could end up in jail if the Feds or your state start checking up on Notaries to see if they are administering Oaths. They are not checking up now, but they could start any time.

(f.) LOSE LISTING — 123notary sometimes removes people for disciplinary reasons. If we find out that you do not obey Notary laws, we normally steer you to some educational materials. But, if you have a complete disregard for law, order, and common decency, you could lose your listing. We normally as a handful of Notary questions and will accept a very low average since most Notaries do not know their stuff. However, if you score under 50% on our quiz whether oral or written, you will most likely be in trouble with us. Although we are not commissioned to enforce laws, I do enforce who I list and that is my right and authority as owner of this site.

SUMMARY
Although Notaries only get in trouble for not administering an Oath once in a blue moon, it is illegal not to fulfill your duties as a Notary Public, and it only takes minutes to read up on when and how to administer Oaths. There is no reason for this type of blatant negligence and criminal behavior. So, please become an expert at administering Oaths. Your first step should be to read your state handbook and see what they say about Oaths. They probably do not do a complete job of teaching it which is part of the problem. The NNA and 123notary have materials as well, and you could consult an Attorney. Although Oath procedure is not taught properly by the states (not even California) you are still legally required to give Oaths and give logical and correct sounding Oaths.

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You might also like:

Should you use book wording for Oaths or improvise?
http://blog.123notary.com/?p=19660

Airline meals verses Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

Oaths – How Notaries completely screw them up!
http://blog.123notary.com/?p=19369

Oaths and the art if improvisation
http://blog.123notary.com/?p=19367

Notary Public 101 – Oaths, Affirmations, Jurats & Acknowledgments
http://blog.123notary.com/?p=19500

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December 6, 2018

Jurat – Definition

Filed under: Notary Acts & Certificates — Tags: , , , , — admin @ 10:24 am

A Jurat is a Notary act where the signer or affiant must sign and swear (or affirm), both in the presence of the Notary Public. The signer gets to choose whether they wish to swear under God under Oath or affirm on their honor — both acts are done under the penalty of perjury.

Jurats are the second most common Notary act next to Acknowledgments.

There is no prescribed Oath verbiage, however, the word swear should be used, and there should be a reference to the truthfulness of the document. The Notary could have the affiant raise their right hand and ask, “Do you solemnly swear under God and under the penalty of perjury that this document is true and correct to the best of your knowledge?”

A Jurat also requires a Jurat certificate. And the certificate must confirm to state specific rules and have state specific verbiage. Verbiage differs from state to state, but the language, “Subscribed and sworn to before me by (name) on (date)” is common.

Related Links

Jurat wording step by step
http://blog.123notary.com/?p=7875

What is a Jurat?
http://blog.123notary.com/?p=6937

Notary verbiage for Jurats
http://blog.123notary.com/?p=2088

Notary Public Information
http://blog.123notary.com/?p=20075

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Can one jurat cover multiple documents?
Can a jurat be attached to a grant deed?
Do you need a thumbprint on a jurat?
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Fixing error on a notary jurat
Example of jurat

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November 15, 2018

The Starbucks Oath Question

Filed under: Technical & Legal — Tags: , — admin @ 10:25 am

I created a quiz question for written quizzes about Starbucks. It is a very interesting and caffeinated question. Here it is…

A Notary goes to a signing.

The Affiant asks for an Oath on a document that is an Affidavit that reads, “I love Starbucks.”

The Notary proceeds to attach a Jurat…
and made a statement that was, “Do you solemnly affirm that you are the one who signed this document and that your name is John Smith?”

What did the Notary do wrong?

COMMON RESPONSES

1. Ask for ID?
Many Notaries feel the Notary should ask for ID. It is true that Notaries are responsible for identifying people. However, that is not central to this question and since the document, certificate, and journal entry have not been completed or stamped, that is irrelevant at this point. Unfortunately, Notaries tend to get sidetracked on irrelevant details that are not central to situations while missing very critical points that can get them in trouble. Talking about ID at this point would be going off on a tangent, especially if that is the only thing you mentioned — although in most states you probably would have to identify the signer.

2. Create a journal entry.
Yes, you should ideally create a journal entry. But, that too is not central to the question at hand.

3. The notary used Acknowledgment wording.
I have never heard of a state that makes you take an Oath while doing an Acknowledgment except perhaps that Massachusetts wants to make sure the signer signed on their own free will and makes them make some sort of statement confirming that fact.

4. Make sure the venue has the correct information.
This document has no venue, and Oaths in all states but Florida (not completely sure about this by the way) do not have certificates. Certificates have venues, but if you don’t have a certificate, you don’t have a venue. Oaths once again typically do not have certificates, and therefore do not have venues.

CORRECT RESPONSE

1. The Notary did three things wrong

(a) The Notary added a Jurat when he was asked for an Oath. Although Jurats have Oaths or Affirmations, Oaths do not have Jurats. Humans have diabetes, but diabetes does not have humans. So, please do not assume that an Oath has a Jurat. An Oath can be done as an independent notary act, and most Notaries don’t know this because they do not read up on Notary tutorials, nor do they ever do Oaths as independent acts. In fact, most Notaries do not do Oaths as part of Jurats either — they just skip over it and assume nobody will notice, or they think that filling out the subscribed and sworn written verbiage is the actual Oath (which is not true because Oaths are verbal by definition.) An Oath is a purely verbal act, however, in Jurats there is a written documentation that accompanies and documents the verbal act.

(b) The Notary gave an Affirmation when he was asked to administer an Oath which is bad for two reasons — one, because the notary did not do what he was asked and, two, because the notary CHOSE the Notary act on behalf of the signer which you are not allowed to do. Only the signer or client can choose the Notary act. So, what the Notary did looks like it is bad service, but also illegal.

(c) The statement the notary made was about the signature and the name of the affiant, but not about the content of the document. The Affiant asked for an Oath on their document, so therefore, the Oath should be made purely on the content of the document.

“Do you solemnly swear that this document is true and correct to the best of your knowledge so help you God?” — would be okay.

“Do you solemnly swear that you love Starbucks? — is paraphrasing and is okay assuming you don’t butcher the statement in any way that detracts from the logic of the statement.

“Do you solemnly swear that you love Starbucks, so help you the Starbucks Goddess.” — if you are politically correct and have multiple choice for what divine entity you want to swear to, you might be able to get away with this one. Read your state notary handbook and see if they allow swearing to the Starbucks Goddess, or as I call her — The Goddess of Caffeine.

“Please raise your right espresso…” (fill in the rest according to your imagination.)

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You might also like:

Notary Starbucks – charging for waiting time while sipping Sumatra
http://blog.123notary.com/?p=18926

The Starbucks Signing in the 30 point course
http://blog.123notary.com/?p=14291

Airplane meals versus Notary Oaths & Affirmations
http://blog.123notary.com/?p=19549

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September 13, 2018

Compilation of Posts about Notary Fraud

Filed under: Compilations — Tags: , — admin @ 7:04 am

Here are some posts about Notary Fraud

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

10 risks to being a Mobile Notary Public
http://blog.123notary.com/?p=19459

2011 – Penalties for misdeeds and misconduct (most popular of all)
http://blog.123notary.com/?p=2067

2018 – Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

2012 – Fraud and forgery in the notary profession
http://blog.123notary.com/?p=2294

Notary loses $4000 because fraud adds name to the notary certificate
http://blog.123notary.com/?p=19477

An identity fraud case in Florida with 13 defendents
http://blog.123notary.com/?p=19449

It could cost $20,000 in legal fees if you are named as an identity theft conspirator
http://blog.123notary.com/?p=19481

Notary fraud discussed in the 30 point course
http://blog.123notary.com/?p=14514

We caught a bunch of frauds using notary verbiage
http://blog.123notary.com/?p=7096

The FBI is at your door and names you as a suspect!
http://blog.123notary.com/?p=20013

Two and a half Notaries: Detering Notary fraud
http://blog.123notary.com/?p=10452

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September 9, 2018

Index of posts about Notary Certificates

Filed under: Notary Acts & Certificates — Tags: , , , — admin @ 2:20 am

Here is a quick index of our posts about notary certificates. I hope it is useful. They are in order of how useful the posts are rather than chronological order.

Notary Public 101 — certificates
http://blog.123notary.com/?p=19502

10 tight points on loose certificates
http://blog.123notary.com/?p=15449

Do you notarize loose certificates as a Notary?
http://blog.123notary.com/?p=10372

What is a venue in a Notary certificate?
http://blog.123notary.com/?p=8454

What forms should a Notary keep in his/her bag?
http://blog.123notary.com/?p=20011

Optional information in acknowledgment certificates
http://blog.123notary.com/?p=4407

Sending loose certificates in the mail is illegal.
http://blog.123notary.com/?p=2470

Notary Certificate Wording section by section
http://blog.123notary.com/?p=18915

Signing Agent Best Practices 63 Points
http://blog.123notary.com/?p=4315

Notary Certificates, Wording & Notary Verbiage
http://blog.123notary.com/?p=1834

Make your own Notary certificate forms.
http://blog.123notary.com/?p=1759

Notary Acknowledgment Wording
http://blog.123notary.com/?p=18858

Can you send a loose acknowledgment, you should hear the answers
http://blog.123notary.com/?p=16168

Marcy Attaches a certificate (educational comedy)
http://blog.123notary.com/?p=14447

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June 22, 2018

How do you get a Power of Attorney Document?

Filed under: Power of Attorney — Tags: , , — admin @ 12:18 am

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

Summary
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!

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You might also like:

Index of posts about Power of Attorney
http://blog.123notary.com/?p=20255

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

Logic errors can cost you as a notary
http://blog.123notary.com/?p=20110

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