Posted by TD_CA on 6/13/06 11:00am
Msg #125583
Credible Witness
I've been a Notary for quite awhile and this is my first - I have a client with a sister who is blind but can still sign her name. Her drivers license is expired and no other ID. I will be using 2 credible witnesses for the Power of Attorney that I will be notarizing but I do not have a credible witness acknowledgement. Where do I get these forms?
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Reply by JAM/CA on 6/13/06 11:13am
Msg #125584
I've never heard of a Credible Witness ACK. You're simply using the Credible Witnesses as ID for the blind individual. ID the Credible Witnesses, swear them to an oath. They swear they positively know this individual and it's impossible to get ID. Put the CW's info in your journal and have them sign your journal. Explain why credible witnesses were used, I also thumbprint everyone.
Make sure the blind individual knows exactly what they are signing, read if necessary and do an Acknowledgment.
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Reply by Leslie Przybyla on 6/13/06 11:24am
Msg #125587
You can go to the internet and download for free.
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Reply by janCA on 6/13/06 11:26am
Msg #125589
There is no such thing as a "credible witness" acknowledgement. You will use a regular CA acknowledgement, however, you do have to give the witnesses an oath. Are you thinking of the "Proof of Execution by a subscribing witness" in which there is a special acknowledgment used? This is in the handbook. You will also have to read the "Power of Attorney" to the principal since she is blind.
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Reply by JAM/CA on 6/13/06 12:09pm
Msg #125604
I agree with Jan and if you are looking for "Proof of Execution by a Subscribing Witness", I have included a link. However; I would be very careful with doing one of these. Laws MUST be followed.
www.onlinenotarycourse.com/Classroom/part4sec3.htm - 32k
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Reply by TD_CA on 6/13/06 12:23pm
Msg #125610
Thanks for all of the info!
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Reply by Joe Ewing on 6/13/06 3:32pm
Msg #125653
NO SUCH THING. (credible witness acknowledgment)
It's all going in your your journal. Refer to your California State Handbook for instructions.
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