Posted by P.O.A on 2/8/05 9:35pm
Msg #19851

a newby needing desperate help

I am so new i haven't even unwrapped my notary book from its plastic sheeting and someone wants me to notarize a Power of Attorney. This is in the state of Calfornia. Im not sure what to do. There is a 4 page copy of this "Not one and the same affidavit in front of me. Then on the second page it says "Special power of attorney" and there are some spaces there with Principal and Witness there, Im not sure if they are to initial in those spaces or what.

Also am I suppose to attach an acknowledgment to this? Please help me.

Thank you
Stephanie

Reply by Becca/FL on 2/8/05 9:45pm
Msg #19853

PLEASE, CALL YOUR SOS OFFICE. Or at least review your class materials.

Not to be rude but, what did you learn in that 6hr class you had to take to get your commission? If you are not preparred to do Notarizations, why did you accept an assignment?

This is important stuff, not to be taken lightly. I would call another Notary in your area quick. Give the Notary the job and ask to go along. If this POA is for an atty. and you mess it up, you may never work again.

Reply by P.O.A on 2/8/05 9:56pm
Msg #19856

This is for somebody at work. I have contacted another Notary but no response. Also between the 6 hr class and the time it takes the state to do thier background check it has been months. I did look up the information in the text books that they had in class, nothing is there for P.O.W, another thing, I also looked up the information in the manuel, "The Notary Public Handbook" the one from the state of California, and again there is one "typical" "Power of Attorney" and it doesn't have all this other stuff that's on it.

I am asking questions in hopes of getting answers, not chastisement. If you can't help that's totally understandable. If you can, will you please answer the questions

Reply by Becca/FL on 2/8/05 10:09pm
Msg #19859

Your problem is NOT the POA or any other doc, for that matter. The problem, as I see it, is your understanding of the role of the NP in the process.

You might want to open your book and start with "Duties of the Notary Public" and after that, "Performing Notarial Acts."

This is the only answer you should need. You are not to be concerned with the "other stuff" on the document, only the cert.

Reply by P.O.A on 2/8/05 10:57pm
Msg #19876

Thank you for your advice. I have done what you said, and I do feel a bit better. I do have one last question and I won't bother you.

On their P.O.W they have and Acknowlegement area, however according to the text books it's imperative to have particular wording, so am I correct in not signing their papers and issuing a "California All-purpose Certificate of Acknowledgement" instead?

This would be what I notiize, and attach it to their paperwork, correct?

Reply by Becca/FL on 2/8/05 11:06pm
Msg #19877

Depends. You need to replace an Ack with the properly worded Ack for your state OR replace the preprinted Jurat with the correct Jurat for your state. You, as a Notary, can not just decide if the doc needs an Ack vs. Jur.

In other words, you can not replace an Ack with a Jurat and visa versa.

If you do not know the dif. between an Ack and a Jurat, go back to your book and study before doing any Notary work.

Reply by Jon on 2/8/05 11:41pm
Msg #19884

Becca,
The 6hr class is not required in Ca yet. It is effective for all commissions issued on or after July 1, 2005.

P.O.A.,
You do not need to be concerned with the text of the document, only that there are no blank spaces and that the cert is completed correctly. As for the correct ack verbage, check your handbook. If the wording on the document is not "substantially the same", you would be correct in attaching the loose cert.

I have to say that I find it very disconcerting that you have been issued a notary commission and are unable to notarize a very simple document. You should remember that you have an UNLIMITED financial liability in regards to your notarizations. The most important thing you can do is learn CA notary laws inside out and always keep a handbook with you to refer back to. I suggest reading your handbook over and over until you can recite the code for acknowledgements, jurats(you will need to check the SOS website for the added codes about jurats effective Jan 1, 2005), satisfactory evidence of ID, fees ect. If you know your notary laws, you should be able to perform any notarization requested. The type of document is irrelevant to the notarization, as the notarization block is all we need to be concerned with.

You should continually be learning and increasing your knowledge about notary law and the its application to real life situations. Please re-read your handbook until the duties and functions of a notary are clear to you.

Reply by Anonymous on 2/8/05 10:39pm
Msg #19873

Stop. Do not notarize anything until you read and understand your states notary public manual. Yuo will be so nervous you will screw up a simple poa. Read this board. Find some local notary to help you.