Posted by Anonymous on 10/9/05 8:09pm
Msg #69654

Forms to use for power of attorney and will

I have been asked to notarize a power of attorney and a will, which forms if any do I have to use would it be a Jurat or Acknowledgement? Thanks, Joel

Reply by Sylvia_FL on 10/9/05 8:27pm
Msg #69657

Not up to us to decide.The documents should already have the necessary certificates on them.

If you are in CA, from what I have read on the boards, you cannot do the will.

Reply by Giselle_CA on 10/9/05 9:11pm
Msg #69661

A will can be done as long as an attorney recommends that the document be notarized.

Reply by Danny_FL on 10/9/05 9:17pm
Msg #69662

Its not up to us nonattorney types to decide the type of notarization for a given transaction. In most cases, the documents will contain preprinted acknowledgment or jurat working.

Danny

Reply by TitleGalCA on 10/9/05 9:36pm
Msg #69663

Anon, as the others stated, it's not up to you to determine the correct certificate, that should be provided in the document presented to you.

Search for thread 61596 about the issue of non-attorney notarizing of wills. It's a thread specific to CA only, but hopefully it will help if you have any questions about whether or not you can notarize a will.

Reply by Marlene_USNA on 10/10/05 8:56am
Msg #69686

When these forms are notarized, it's usually for recording purposes, so an acknowledgment is called for.

However, as others have said, notaries can't decide for the customer what notarial act is needed. You can ask questions to lead to an answer, though: Do you need to acknowledge that you signed this document and knew what you were doing when you signed it? Do you need to take an oath that the contents of this document are true and accurate? or similar wording?

If the customer can't answer the questions and can't tell you what they need to do, refer them to an attorney.