Posted by *** Amada Preciado*** on 8/3/05 11:39am
Msg #56620
Power of attorney
I want to know more about power of attoney. Can I just go out and buy the forms for the client or print them out?
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Reply by Sylvia_FL on 8/3/05 11:56am
Msg #56627
No, as notaries we cannot provide any legal forms. The person needing the POA is responsible for getting the form.
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Reply by Anonymous on 8/3/05 12:10pm
Msg #56632
Re: If the person ...
If the person provide the form, how can a notary be sure the notarial words in the form are correct? Are we responsable for that?
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Reply by MB/CA on 8/3/05 12:16pm
Msg #56637
Re: If the person ...
As notaries I know we can make certified copies of the POA. I didn't think we could actually draw one up! Isn't this done by an attorney? So much damage can be done if it falls into the wrong hands!!
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Reply by Brian/CA on 8/3/05 12:52pm
Msg #56648
Re: If the person ...
No we are not responsible, that would fall under UPL.
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Reply by Sylvia_FL on 8/3/05 2:12pm
Msg #56679
Re: If the person ...
As a notary we are responsible for making sure the notary certificates are correct for our respective states. We can tell if it is an acknowledgment or a jurat and if the wording isn't correct for our state we either make it conform or void the certificate on the document and attach a loose certificate.
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Reply by sue on 8/3/05 3:22pm
Msg #56697
my state notary assoc. sells blank POA forms, medical consents, living will, some type guardianship forms among others. I although I've got no need for them as I don't do general notary work, I assume they are for the notaries to supply to their signers. The UPL would come into play should the notary direct the signer how to sign the form.
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Reply by PAW_Fl on 8/3/05 8:23pm
Msg #56777
Making forms available isn't the problem. It is selecting a particular form for the client to complete that creates the problem. Anyone, including notaries, can go to their local stationary store and pick up a bunch of different forms. And it would be okay for the notary to offer ALL the different forms to the client and let them choose. However, it is considered UPL (at least here) for a notary to select a particular form. And certainly UPL for the notary to assist the client in completing the form.
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