Reply by Susan Fischer on 1/4/07 8:46pm
Msg #169265
Hi, Laura- probably best not to notarize a family document. In Oregon, it is not specifically forbidden, but highly discouraged. No one could question the neutrality of a disinterested notary.
Warm regards,
Susie
|
Reply by MikeC/NY on 1/4/07 8:49pm
Msg #169266
I don't know what the rules are in CA, but here in NY that would be a no-no. Even if you're allowed to do it, I don't think it's a good idea to notarize any document that involves members of your family - how can you be an impartial witness?
|
Reply by BarbaraL_CA on 1/4/07 9:02pm
Msg #169269
Below is the information you need... it's in your CA notary Handbook! But, IMO, I would spend the $10 at the UPS store and have someone else notarize it, OR, perhaps another notary you know in your area will notarize it pro gratis.
From CA notary Handbook
"CONFLICT OF INTEREST
A notary public is not prohibited from notarizing for relatives or others, unless doing so
would provide a direct financial or beneficial interest to the notary public. With California’s
community property law, care should be exercised if notarizing for a spouse or a domestic
partner.
A notary public would have a direct financial or beneficial interest to a transaction in the
following situations: (Government Code section 8224)
• If a notary public is named, individually, as a principal to a financial transaction.
• If a notary public is named, individually, as any of the following to a real property
transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor,
vendee, lessor, or lessee.
A notary public does not have a direct financial or beneficial interest in a transaction if a
notary is acting in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a
person having a direct financial or beneficial interest in the transaction.
If in doubt as to whether or not to notarize, it is recommended that you seek the advice of an attorney"
|
