Posted by SDgirl on 5/10/05 9:09pm
Msg #37048

Parent Affidavit

I received a message asking from a private party that needs a "Parent/Guardian Affidavit" I am in California and wanted to know if anyone has experience with one of these letters. The person wants me to provide the letter or form and notarize it. I do not have these forms or letters. Any recommendations? THANKS TO ALL OF YOU!

Reply by BarbaraL_CA on 5/10/05 9:24pm
Msg #37052

You can not supply forms for the client, they must bring the completed form to you. Also, you can not determine what notarial act to perform. The document the client brings you should have the notarial wording. if it doesn't, then they need to tell you if you should use a jurat or an acknowledgement. (You can explain to them the difference between a jurat and an acknowledgement, but they have to tell you what to use).

The only act you perform is giving an oath (if required) and certify the signature(s)

Reply by SDgirl on 5/10/05 9:41pm
Msg #37056

Thank you very much this makes sense!

Reply by Ernest_CT on 5/10/05 11:47pm
Msg #37065

BarbaraL had it just right!

Supplying the forms or creating them yourself would be unauthorized practice of law (UPL). Possibly telling the signer where to download them from the Internet might be UPL. Don't get in trouble by being nice and accomodating when faced with this issue.

Reply by rlogan-ca on 5/11/05 11:42am
Msg #37109

re: UPL

Ernest,

Thank you for de-coding UPL (unauthorized practice of law).

I've seen it used and couldn't figure out what it meant. I figured someone would de-code
it, you must have picked up my vibes. Thanks again