Posted by Heather L Fuller on 11/14/06 6:44pm
Msg #160014

notary power of attorney

Hello,

I have a question about notary public form notary can witness & notarize correct? I appreciate the help!

Reply by Joe Ewing on 11/14/06 7:05pm
Msg #160017

?

Reply by Heather L Fuller on 11/14/06 7:59pm
Msg #160034

sorry I notarized a power of attorney it asked for a witness so I witnessed it as well is that okay I'm new to the notary world

Thanks

Reply by BrendaTx on 11/14/06 7:06pm
Msg #160018

Re: notary power of attorney - I don't understand your

question, Heather. Please give us a little more 411.

Reply by Mike Photon on 11/14/06 7:07pm
Msg #160019

ooo! what was that?

Reply by Pamela on 11/14/06 8:04pm
Msg #160036

Heather Re: notary power of attorney

No. A notary cannot sign as a witness on a document, and then
turn around, and notarized his or her own signature,
on that same document.

In other words, a notary cannot notarize his or her signature
on any document.

Pam

Reply by MC_oh on 11/14/06 8:09pm
Msg #160039

Re: Heather Re: notary power of attorney

in Ohio, a notary can act as both witness and notary on a document. It depends on each states rules.

Reply by Heather L Fuller on 11/14/06 8:10pm
Msg #160042

Re: Heather Re: notary power of attorney

Thank you so much person in Ohio that sets my mind @ ease!

Reply by MelissaCT on 11/14/06 8:12pm
Msg #160044

It depends. Are you required to notarize the signature of

the witness AND the signer, or just the signer? Naturally, if the notarization is for both signatures, you can't notarize your own signature.

Reply by Heather L Fuller on 11/14/06 8:14pm
Msg #160045

Re: It depends. Are you required to notarize the signature of

No I was witnessing the person wanting the power of attorney was of sound mind & body & that I was 18 yrs old

Reply by Pamela on 11/14/06 8:30pm
Msg #160057

MC, Re: Heather Re: notary power of attorney

You are correct.

I have "California" laws and regulations on my mind
(for some reason thinking that she was from Californa).
Glad you bought this to my attention!

Pam

Reply by Lee/AR on 11/15/06 5:40am
Msg #160162

Pamela, please read Kate/CA's post n/m

Reply by Pamela on 11/15/06 8:03am
Msg #160185

Lee,

Thank You!
Kate's post has cleared this up.

Pam

Reply by Kate/CA on 11/15/06 12:48am
Msg #160144

Re: Heather Re: notary power of attorney

The notary would not be notarizing their own signature as a witness, or any other witnesses signature. You are notarizing the person's signature whose document it belongs to. Witnesses are just there saying, "yes, that happened". They are just observers.

Reply by Liz/OR on 11/14/06 8:15pm
Msg #160047

Check with the laws of your state. A notary is a witness of a signature for an oath or affirmation, but if witnesses are required for a certificate, the notary should not be the witness if they are notarizing the document.

My Oregon Notary Guide states that the witness must personally know the signer and that the notary must take that oath of the witness (that they know the signer) and the witness(es) must sign the notary journal.

Reply by MelissaCT on 11/15/06 9:30am
Msg #160224

Depends on what state you're in

CT notaries witness mortgage deeds all the time. In some states, the notary MUST also be the witness on the deed.

OR notary rules don't prohibit a notary from being a witness to a document. The witness info you referred to is in establishing identity (via credible witnesses), not in witnessing a signature on a document.

Page 21 - Oregon Notary Public Guide

http://www.filinginoregon.com/forms/pdf/notary/1500.pdf

Reply by MelissaCT on 11/15/06 12:26pm
Msg #160275

The witness info you referred to is in establishing identity

Don't take things out of context. The credible witness rules you referred to are with regard to establishing the identity of the signer, in lieu of proper ID card(s). See page 21 of your manual for the section on establishing ID.

Reply by Pamela on 11/14/06 8:27pm
Msg #160054

Heather Re: notary power of attorney

Perhaps this can help:

Http://www.dos.state.ny.us/lcns/lawbooks/notary.html

Http://www.dos.state.ny.us/


Pam

Reply by Gerry_VT on 11/14/06 9:17pm
Msg #160089

I executed a POA in my lawyer's office, and after my signature, the there was a witness block and a notary block, as follows (I've shortened the notary's name to Nancy):

I, Nancy, witnessed the signature of this Power of Attorney by the Principal, and I affirm that the Principal appeared to me to be of sound mind, was not under duress, and the Principal affirmed to me that he was aware of the nature of this Power of Attorney and signed it freely and voluntarily. /s/ Nancy

Acknowledgement of Principal

State of Vermont
Chittenden County SS.

At (town) in said County and State, personally appeared [Gerry_VT], the Principal, who is known to me or was otherwise suitably identified, and did acknowledge to me that the execution of this Power of Attorney was his free act and deed. Before me, /s/ Nancy

This was OK, because the certificate of acknowledgement only says that I appeared, it does not say that Nancy appeared before herself.

Now, your state might have additional requirements about a proper power of attorney, but the correct drafting is not your responsibility; you are only responsible for identifying and taking the acknowledgement of the person who appears before you, and making sure you don't appear before yourself.