A notary public is a state-approved official who has the authority to administer and witness certain legal proceedings. A notary may be authorized to notarize documents for people who have power of attorney in some instances.
If you require notary services, whether you need a will notarized, a power of attorney notarized, loan documents notarized, or any other document notarized, don’t hesitate to contact Rainbow Notary and Nuptials Wedding Officiants. We provide cost-effective and uncomplicated Notary Public Services for customers planning weddings or other significant events.
How To Notarize For A Signer Who Has Power Of Attorney
Before notarizing a power of attorney document for a signer. Here are things you should know.
1. What Is the Power of Attorney And An Attorney?
A power of attorney is a legal document that authorizes someone to act on behalf of another person. An attorney is a person given power of attorney to sign documents on behalf of another person. The person represented is referred to as a principle. Without the presence of the principal, an attorney can sign the principal’s name and have it notarized.
2. When Notarizing A Document Providing Someone Power of Attorney, Are There Any Additional Rules to Follow?
Several states may have additional requirements when notarizing a document granting power of attorney. If you’re requested to notarize a signature on a power of attorney paperwork, follow your state’s regulations.
3. How Can You Notarize The Signature of A Power Of Attorney Holder?
A document signed by an attorney usually has two names: the attorney’s name and the principal’s name. You would need to confirm the attorney’s identification, not the principal’s. When notarizing the signature of a person functioning as an attorney, several states may require the Notary to use specified certificate wording. The attorney signs their name while completing your Notary journal entry. The signer was functioning as an attorney in particular, and you should note the name of the principal the signer represented.
4. Is It Necessary To Ask For Proof 0f The Attorney In The Fact's Authority?
Some states require Notaries to confirm the authority of someone signing as a representative by asking for written verification from the signer or using personal knowledge. Others need the Notary to be entirely satisfied that the attorney-in-fact has the authority to sign the instrument on behalf of the person signing it and that a power of attorney is in full force and effect before notarizing it. For example, suppose a person is signing on behalf of an absent principal in another state. In that case, the NNA suggests that you urge the signer to formally state out loud in your presence that they have the authorization to sign on the principal’s behalf.
5. What About Jurats?
Even if someone has the power of attorney to sign on behalf of a principal, taking an oath or affirmation in another person’s name is generally not permissible. If a lawyer requests a jurat, the lawyer must swear or affirm in their name only, not the principals.
6.If Someone is Signing As An Attorney, What Certificate Should You Use?
Use the phrase if your state law requires a specific certificate for someone signing as an attorney. If your state does not require attorney-in-fact phrasing, you may use the appropriate standard certificate for the notarial act. Before you continue, double-check that you’re using the correct terminology for your state or region.
Frequently Asked Questions
What Are The Powers And Responsibilities Of a Notary Public?
The role of a notary is to serve as an impartial witness to the signing of documents. A notary verifies that signers are who they claim and knowingly and willingly entered into agreements. Notaries have the authority to administer oaths and affirmations and certify copies. They can also accept affidavits, verifications, and other sworn testimony or statements, as well as acknowledgments, depositions, witness signatures, affidavits, and other sworn testimony or reports.
Is It Necessary For The Signer To Be Physically Present When Notarizing A Document?
Yes, unless you’re using audio-video technology to accomplish a remote notarization. State law mandates that the signer appears in the presence of the Notary for all other types of notarizations. You must also have sufficient proof of identity, proving that signers are who they claim to be. More than half of all complaints made against notaries are due to violations of this obligation.
Is It Possible For You To Notarize Your Signature or Document?
No. A notary public who has a disqualifying interest in a document is prohibited from performing any notarial act on that document. For example, a notary public has a disqualifying interest in a copy.
You cannot notarize a document that interests you or from which you might directly benefit more than the notary fee charged (including free notarizations). This ban also applies to notaries who interpret documents and seek to vouch for their accuracy.
Affordable Notary Services
With the rise in popularity of remote notarization, it’s more important than ever to know what you’ll need to do as a notary and what services are available to make the process as simple as possible for your clients.
Please do not hesitate to contact Rainbow Notary And Nuptials Wedding Officiants if you require Notary Public Services for a signer with power of attorney. We take pleasure in being at the cutting edge of this technology. We provide a full range of services to make your remote signing experience simple and convenient. So contact us today to set up an appointment.
To Schedule An Appointment,
Call Rainbow Notary And Nuptials Wedding Officiants At (904)333-7311 Now!
Rainbow Mobile Notary And Nuptials Wedding Officiants
491 West Forsyth Street, Suite 2, Jacksonville, FL 32202