Posted by New Notary California on 7/20/05 5:03pm
Msg #53435

As A Calif. Notary, CAN I ?

I have a client that called me to come over and notrized a durable power of attorney for her. She know what she wish to do and know she need a durable POA for her business matter. I have not pick or suggested the type of form she would need , nor did I decussed or attempt to give her any legal advice-----

She have no computer and ask me if I would print out a Calif. durable power of attorney form [she told me the web site] and bring her a copy or stop by Staples [ office supply store ] and pick up a durable power of attorney form for her. My Question is

CAN I DO THAT ??

Reply by Sylvia_FL on 7/20/05 5:25pm
Msg #53437

I would never provide a legal form for a signer.

Reply by JanetK/CA on 7/20/05 5:40pm
Msg #53441

A bit over the line to me. I agree with Sylvia. If you are finding it on the internet and printing it, or finding it at a store and purchasing it for her, you are involved in selection of the document. Sounds like you are at least somewhat familiar with the paragraph in the Notary Handbook that covers "Acts Constituting the Practice of Law". If you read that again, I'm sure you'll have your answer.

Reply by Terri - CA on 7/20/05 5:47pm
Msg #53443

Actually, pursuant to CA Notarial Law, yes you can provide her the form (buying it or printing it) BUT..BUT..BUT...

You can not help them in any way to fill it out if you are going to notarize it. Since she has provided you instructions as to the type of form she wants is not UPL? You didn't make the decision as to the type of document she wanted/needed, she did. Printing and giving her the form that she specifically requested, and went so far as to give you the URL on the web to get it from, is not UPL.

Suggestion, if you do this, give her the form and leave the room or better yet leave and go back later when the client has filled it out and only needs notarization.

Terri
Lancaster, CA

Reply by BarbaraL_CA on 7/20/05 10:03pm
Msg #53468

Just as a precaution or CYA...

If you print the form for her or purchase it for her, you could have her fill out a sworn jurat statement and have her write that she supplied you with the url for printing the doc to bring to her, or she asked you to pick up a doc at whatever store it is, then have her sign it and swear the information is true, and notarize it. Just a thought.

Reply by New Notary California on 7/21/05 1:01am
Msg #53512

Thanks everybody I hear ya. Client is a nice lady [ shut in ] but the condition of notrizing this POA is too complex , not worth it, I aint gonna do it unless she call me back after she obtain her own form and check the boxes , cross out or/and filled in all the blank spots other than the lines where she date and sign .

Reply by LMag on 7/21/05 12:42pm
Msg #53607

I agree, she must have someone who can do this for her, then you can just go do the Notary.