Posted by kate_nortca on 2/6/07 6:53pm
Msg #174385

Sworn Statement in CA

Had a client just call me. Ask the procedure for notarizing a copy of her passport. I explained that she needed to create a sworn statement that she was the document custodian and that once she signed that I could execute a Jurat. I hope that was correct. I've never done this specific notarization before. Her question was regarding what the exact wording had to be on the sworn statement. I really did not have a good answer for her and the NNA was not real forthcoming. I looked in the Primer and it did not specify either. What am I missing? She also wants the same done for her doctor's physicians license. Apparently all required in the adoption she and her husband are trying to get gone.

Kate

Reply by ZeeCA on 2/6/07 6:55pm
Msg #174387

i was always told we are practicing law if we tell them what to write as it is a legal type document. they are to write the statement and then we notarize.... If you create the document you will be notarizing.....

Reply by kate_nortca on 2/6/07 6:58pm
Msg #174388

Right. I don't want to create or advice her on the document at all. But with that in mind what does she do? I mean if someone does not guide her on what criteria the statement must have then how does she know she is preparing it correctly. You know what I'm saying. I hated to just say "uh, I don't know" and hang up. There must be a better way.

Reply by ZeeCA on 2/6/07 7:27pm
Msg #174396

i think the correct thing to say is I am sorry I cannot advise you. I am not a lawyer. My notary public commisison does not allow me to give anyone legal advice. Plus I cannot notarize anything I have any interest in or creation thereof..

jmo.......... i am not a lawyer

Reply by MikeC/NY on 2/6/07 7:42pm
Msg #174397

You can never tell the client what she needs to do - that would be UPL.

Since this involves an adoption, there should be a lawyer involved somewhere in the chain. Your client should speak to that lawyer, sort out what documentation is required, and bring that documentation to you with the notarial statement already in place. If there is no lawyer involved, she should consult with a lawyer familiar with adoption law in CA. The local Bar Association can give her a referral if she needs one. Bottom line is that she should be coming to you with the proper documentation, not asking you what is required.

Also, it sounds like this is an international adoption (since a passport is required). I've gone through two of those myself. If it is international, your client should check with the foreign embassy to determine their requirements - she may need an apostille (which is not your responsibility).

Reply by janCA on 2/6/07 7:44pm
Msg #174398

You don't have to tell her word for word what to say in the document but she does have to swear that it is a true and exact copy of the original document. She can put this in her own words. It's called a copy certification by document custodian. And since she does have to "swear or affirm" you attach a jurat.

Reply by BarbaraL_CA on 2/6/07 7:54pm
Msg #174400

Re: Sworn Statement in CA - Copy Certification by .....

A Copy Certification By document Custodian Form is pasted below. She needs to verify with "someone" that a copy certification by document custodian is acceptable, and she needs to tell you that. You can not tell her what form to use.
----------------------------------------------------------------------------------------------------------------

COPY CERTIFICATION BY DOCUMENT CUSTODIAN

State of CALIFORNIA

}SS. County of _________________



I, ______________________________, hereby declare that the attached reproduction of



_____________________________________
Description of original document

is a true, correct and complete photocopy of a
document in my possession and control.


______________________________________
Signature

Subscribed and sworn to (or affirmed) before me


this ______, day of___________, ____________
Day Month Year

by _____________________________________
personally known to me or proved to me on the
basis of satisfactory evidence to be the person(s)
who appeared before me.




_________________________________
(Signature of Notary Public)

Reply by kate_nortca on 2/6/07 8:25pm
Msg #174411

Thank you

Thank you everyone. Some very good thoughts that I will heed. Thank you Barbara for the form I'm going to share that with my client. On the advice from you folks I phoned her back and suggested she consult with her lawyer. She told me there was not one in this situation so I suggested she contact one in regards to this. She did not sound too convinced but as noted above that really isn't my issue per se. I'm shocked there's not someone helping her though.

I appreciate everyone's time with your input. Very helpful.

Reply by Gerry_VT on 2/6/07 10:13pm
Msg #174419

Certification of professional licensure

I would think it would be quite inadvisable for someone to attempt an international adoption without engaging a lawyer. Certainly it would be unwise for a notary to try to fill in for a lawyer. I can tell you that the government agencies that licence professionals will issue an official verification of the professional's license; I had to get one of those from New York when applying for an engineering license in Vermont. One would hope the Secretary of State could issue an apostille to an official document (if required), but I've never tried that. I don't know if the agency will issue the verification for just anyone, or whether the physician will have to request it.

Reply by BarbaraL_CA on 2/6/07 11:45pm
Msg #174438

Re: Adoptions...

I've done quite a few adoptions from foreign countries. Usually the person requesting the notarizations is working with an Adoption Agency - all questions should be addressed to the Agency. They usually have procedures the adoptive parents are to take, and I've never had to do an apostille for any of them because they will get the apostille themselves once all required forms are notarized - doing them all at once. The only requirement they usually ask of a Notary Public is that their commission should expire within a 6 month of 1 year time frame.

Reply by BarbaraL_CA on 2/7/07 1:10am
Msg #174459

Re: Adoptions... Correction...

"The only requirement they usually ask of a Notary Public is that their commission should expire within a 6 month of 1 year time frame."

should read

The only requirement they usually ask of a Notary Public is that their commission should NOT expire within a 6 month TO A 1 year time frame.