Posted by BCB_CA on 6/1/05 12:45pm
Msg #41499

Notarizing a Power of Attorney ...

for a family member. Is this okay? Or is it considered conflict of interest?

Reply by ColleenCA on 6/1/05 12:46pm
Msg #41500

I wouldn't touch that one with a 10 foot pole.

Reply by DellaCa on 6/1/05 12:49pm
Msg #41506

It may come back and BITE you someday.

Reply by BCB_CA on 6/1/05 12:50pm
Msg #41507

Thank you! I thought it was a no no. Just wanted to make sure. Its kind of hard explaining to family that there is not much we can notarize for them, without them getting a worked up about it.

Reply by Philem_OH on 6/1/05 1:09pm
Msg #41521

Ya, I get your point about family becoming miffed when I say I can't notarize for them. I simply say, "It's just easier for you, legally, if I don't. However, my friend down the street can help you!" When they hear that you're trying to make it easier AND avoid possible legal issues, even the most surly uncle often sees the wisdom of it. :-)

HTH
-Jim

Reply by Kim_NJ on 6/1/05 12:50pm
Msg #41508

What does your state law say about it?

Reply by SamIam_CA on 6/1/05 12:56pm
Msg #41513

You can notarize for a family member as long as you don't have any interest in what is being signed. For example - I did an entire loan package for my sister and her husband. I'm not a party to the loan not do I have a claim to their house so it is totally kosher.

If I'm not being too nosy - what does the POA pertain to?

Reply by BCB_CA on 6/1/05 1:02pm
Msg #41517

My mother needs to give my grandmother POA, so that my grandmother can sell a house that was left to them by my grandfather when he passed. I told my mom I didn't think I could do it for her, but that I would check to make sure. I offered her to give her the form she needed so she could have it for when she would go to her local notary.

Reply by SamIam_CA on 6/1/05 1:06pm
Msg #41520

That one does sound like a sticky wicket, since you could be in line for that inheritance. I'd send her elsewhere too.

Reply by BCB_CA on 6/1/05 12:57pm
Msg #41514

State law states we can not notarize anything that we may have financial interest in or other benefit from. This can be esspecially touchy when it comes to family. If you notarize something for a family member that you think you have no benefit from, then down the road you inherite something they gained as a result of that document you notarized, you will be looking at a whole lot of trouble for yourself.

Reply by JanetK/CA on 6/1/05 1:04pm
Msg #41519

Comparing the risks - however remote - to the $10 it would cost to have someone else notarize it and I think the answer is clear...

Reply by BCB_CA on 6/1/05 1:22pm
Msg #41529

Thank you all for your input. It is reassuing to know that I'm not the only one who saw possible problems comming from this. I'm still a newbie and even though I've done my homework I still need alot of hands on experince before I get comfortable enough not to second guess myself about every little thing.