Posted by tann on 4/8/10 7:00pm
Msg #330818

Will and Power of Attorney

Has anyone notarized a Will and Power of Attorney before?

I just spoke with this customer who was screaming on the phone about not being able to find a Notary in Virginia who would notarize a Will and Power of Attorney? This customer was so upset and I informed him that I have never done one before and not only that but that I have an obligation tomorrow when he wanted it done...This customer has told me that I wasted his time because I gave him a name of another Notary but this customer was screaming on the phone and said he was going to Richmond to make a complaint on the Virginia Notaries because they are not available.

Reply by MW/VA on 4/8/10 7:22pm
Msg #330822

Some notaries will not notarize a Will because of the legal

implications. Just because we notarize it, that doesn't make it legal. Wills have to comply with certain language in each state. Yes, I do general notary work & do notarize POA's & Wills.

Reply by LKT/CA on 4/8/10 7:39pm
Msg #330831

In California, Wills are only notarized (the signature) on the recommendation of an attorney. Typically, they are witnessed by two adults, not named in the will. Signatures on POA forms are notarized like any other form - ID signer, watch them sign.........

Reply by Victoria_NJ on 4/8/10 8:06pm
Msg #330846

in some states, both the Principal and the Agent (POA)

must sign the POA agreement. So you need to have both parties available. The one giving the POA (principal) and the Agent (Attorney in Fact/POA)

Reply by LKT/CA on 4/8/10 11:40pm
Msg #330888

Re: in some states, both the Principal and the Agent (POA)

<<<must sign the POA agreement. So you need to have both parties available. The one giving the POA (principal) and the Agent (Attorney in Fact/POA) >>>

In California, there's no mandate on both the principal and AIF signing the POA. It depends on the form....some forms have a place for the AIF to sign and some done. Typically, the office supply store generic forms have places for both to sign but the customized POAs usually don't. The only notary requirement regarding POAs is that we get a thumbprint in our journal. POA forms are the only forms we can certify the photocopies.

Reply by Michelle/AL on 4/8/10 8:17pm
Msg #330848

Tann, I run into complaints like this in Alabama, too. There are a fair number of Alabama notaries who make the personal decision not to notarize wills & poas. I respect their decision. Moreover, since AL's Code offers little to no instruction about the way to properly notarize documents, nor is notary education required, who can blame 'em? People are afraid of making a mistake and being sued.

I notarize both types of forms.

Reply by CopperheadVA on 4/8/10 8:25pm
Msg #330853

That's absolutely correct - MANY Virginia notaries refuse to notarize wills. What's funny is that in actuality the will is not the document that requires notarization - it's the self-proving affidavit.

I was speaking to the notary at my local shipping place - she refuses to notarize signatures on wills because, and I quote, "If I'm going to get called into court about any document, it's going to be a will."

That person can call Richmond all she wants - they will tell her that a VA notary can refuse to notarize at their own discretion. I once complained to Richmond that my local bank wanted a copy of my drivers license when they notarized something for me - I was told by Richmond that a notary can keep a record of their notarizations as they see fit. Hmmm.

Reply by CopperheadVA on 4/8/10 8:26pm
Msg #330854

Oops! Meant to tag off the original post... n/m

Reply by MikeC/NY on 4/8/10 11:28pm
Msg #330885

Notarizing a will depends on your state law.

Here in NY, we CANNOT notarize a will - doing so could invalidate it. What we CAN do is notarize what is known as a self-proving affidavit - the witnesses to the will sign a separate document stating that they witnessed the signing of the will. At probate, this eliminates the need for the court to find the witnesses (some or all of whom may already be dead).

Check your state law and verify whether or not this is something you can do. This guy can scream all he wants, but if VA doesn't allow you to do what he wants you to do, he's SOL...

Reply by BobbiCT on 4/9/10 6:28am
Msg #330902

LegalZoom & Willbuilder ...

I've seen and performed a number of notarizations for Wills, Authorizations to Make Gifts and Powers of Attorney, not just for CT.

Why wouldn't a notary not want to do this for a $5 to $10 fee. Once the signer is dead, you can't fix a notarization "oops." Major Liability: If the document is declared invalid solely because of an "improper notarization," the notary has 100% financial liability to ALL parties injured.

Not difficult. Just read the written instructions that come with the document, be careful and KNOW what you are doing and what is required for the "formal execution of a Will." A typical notary is NOT familiar with current legal practices for the "formal execution," which is why reading the drafting attorney's instructions is so Very Very Important. I understand why many notaries turn these down: Fear. Fear of unfamiliar. Fear of financial liability. Fear of employer liability under the "deep pocket theory," which is why employee notaries are told NOT to perform this type of notarization.