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We’ll agree to disagree
Posted by LisaKT/CA of CA on 2/5/19 6:37pm Msg #602881
Discussion with an attorney isn’t necessarily to have the attorney interpret notarial law. It can be to get their expert guidance on what to do next when the notary’s only sources (i.e. handbook and SOS personnel) have NO answers. Prime example: Notarizing for a signer with dementia (hit & miss cognition). What does notarial law say when the signer has a medical condition that affects their cognition?

CA notary laws says, among other things, that a person must be willing to sign, be able to communicate directly with the notary, and be aware (i.e. who/what/when/where). What to do? Refuse to notarize for a signer with dementia or consult an attorney for expert guidance? Well, a long time ago, I did just that - consulted several because I networked with an estate planning, real estate, and general practice attorneys. I asked each independently and they all said the same thing....as long as a person is willing to sign and are aware at the time of the notary act, then it’s a GO. Before or after the notarization is not the notary’s responsibility....only during the notarial act is the notary responsible. None of them interpreted CA notary law.

Consider that while an attorney doesn’t necessarily interpret notary law, they possess the license and expertise to know if *other* laws can be applicable to a notarial situation. And that’s quite valuable to our ability to perform the duties of public office when our handbook is vague or silent on the law. In CA, the SOS personnel are of NO help. They respond to callers by grabbing a handbook and quoting from it. When they can’t offer any more than that, the call is a waste of time. IMHO, it’s never a waste of time to suggest someone seek an attorney’s expertise and guidance.
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Messages in this Thread
 Colorado Notary Question-SE Tax - Brandi Solano on 2/3/19 10:13am
 Good question. No authoritative answer. - Lee/AR on 2/3/19 12:08pm
 Do you complete and stamp one jurat or two? - Linda_H/FL on 2/3/19 12:21pm
 wow, Linda, not so in Oregon! Its the number of people. -  sigtogo/OR on 2/3/19 1:19pm
 Not sure if we'd get away with that here in FL - Linda_H/FL on 2/3/19 1:59pm
 Re: wow, Linda, not so in Oregon! Its the number of people. - Brandi Solano on 2/3/19 2:19pm
 Ack/jurat certs are PROOF of the notarial act - LisaKT/CA on 2/3/19 4:29pm
 Re: Do you complete and stamp one jurat or two? - LisaKT/CA on 2/3/19 2:06pm
 Re: I’ve always done as Linda since early 1990 - Carolyn Bodley on 2/3/19 6:37pm
 think of all the taxes you may have unnecessarily paid :) -  sigtogo/OR on 2/4/19 3:51pm
 Re: How so? - Carolyn Bodley on 2/4/19 8:43pm
 Re: Correction — one certificate /one act // not one doc n/m - Carolyn Bodley on 2/4/19 8:45pm
 If you could earn more and pay less SE tax would you? -  sigtogo/OR on 2/5/19 12:42am
 Re: If you could earn more and pay less SE tax would you? -  VT_Syrup on 2/5/19 6:47am
 Re: If you could earn more and pay less SE tax would you? - LisaKT/CA on 2/5/19 6:58pm
 Re: If you could earn more and pay less SE tax would you? -  VT_Syrup on 2/5/19 8:08pm
 Colorado Notary Fee CRS 24-21-529(1) - ABC Legal Docs, LLC - Jerry Lucas on 2/3/19 6:09pm
 Found this interesting - Luckydog on 2/3/19 8:25pm
 #2 page 5 IRS sorry n/m - Luckydog on 2/3/19 8:26pm
 I'm confused by your post. The deduction for SE tax is a -  MW/VA on 2/4/19 10:21am
 Possibly focusing on the wrong question? -  JanetK_CA on 2/4/19 2:56am
 Re: Colorado Notary Question-SE Tax -  Doris_CO on 2/4/19 11:04am
 Colorado Notarial Acts CRS 24-21-502(6) - ABC Legal Docs, LLC - Jerry Lucas on 2/4/19 12:38pm
 While I reach same conclusions as you Jerry, it seems... -  sigtogo/OR on 2/4/19 3:35pm
 Colorado Notarial Acts - ABC Legal Docs, LLC - Jerry Lucas on 2/4/19 4:00pm
 Re: ABC - Carolyn Bodley on 2/4/19 5:02pm
 Colorado Notarial Acts CRS 24-21-502(6) - ABC Legal Docs, LLC - Jerry Lucas on 2/4/19 10:48pm
 Re: Colorado Notary Question-SE Tax - Carolyn Bodley on 2/4/19 4:52pm
 Re: Colorado Notary Question-SE Tax - LJCA on 2/4/19 7:57pm
 My last .02 FWIW...about the suggestion to - Linda_H/FL on 2/5/19 6:18am
 Re: My last .02 FWIW...about the suggestion to -  JanetK_CA on 2/5/19 2:03pm
 We’ll agree to disagree - LisaKT/CA on 2/5/19 6:37pm
 CA Handbook & Newsletter defines notarial act - LisaKT/CA on 2/4/19 11:46am
 Colorado State Archives Charges $10 for Notary Services - ABC Legal Docs, LLC - Jerry Lucas on 2/5/19 12:32pm



 
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