Posted by rengel/CA on 7/30/07 1:59pm
Msg #202738

CA Dept of Health Svcs form

Check out page 3 on the link below. It states that the form is "Unofficial unless stamped by a Notary Public" - BUT there is not acknowlegment or jurat wording on the form!!!!
I did NOT stamp it, but I did attach my own acknowlegment
Even the STATE cannot get their act together!
sigh............

Reply by christiSocal on 7/30/07 2:05pm
Msg #202740

Curious, but no link? n/m

Reply by rengel/CA on 7/30/07 2:11pm
Msg #202742

here's the link

http://www.dhs.ca.gov/publications/forms/pdf/dhs6236.pdf

Reply by christiSocal on 7/30/07 2:21pm
Msg #202745

That is interesting, but not surprising. Most government agencies don't have their "act together". Do I sound jaded? Lol...

Reply by rengel/CA on 7/30/07 2:25pm
Msg #202747

Yeh, I deal with almost all of them and it doesn't surprise me either. What scares me is wondering how many they receive with a notary stamp on it!

; )

Reply by dickb/wi on 7/30/07 5:10pm
Msg #202788

it looks to me, that an ack is not.....

the proper form. the affiant is swearing under penalty of perjury that the info is true....that would be a jurat in my opinion......dick

www.wisconsinmobilenotary.com

Reply by rengel/CA on 7/30/07 5:27pm
Msg #202791

You're correct

Dickb, I mis-typed. BUT, California requires specific jurat wording. This is not compliant with California Law.
I'm mailing a copy of this to our Secretary of State. See what she has to say about it, if anything.
It just seems to me lately, that the governing bodies don't seem to care when notary law is broken... until they receive a lawsuit. I don't understand why they go to all the trouble to make these laws if they are not going to enforce them.
My .02

Reply by Terri_CA on 7/30/07 7:34pm
Msg #202837

Re: it looks to me, that an ack is not.....

FYI - just because someone is signing a declaration under penalty of perjury does not automatically make it a jurat notarization. Many of these types of declarations are "self-proving." Perhaps the acknowledgment is correct, only to identify the person is the person who signed the declaration?

It is not the CA notary's duty, responsibility, or obligation to determine the type of notarization. If I was asked to notarize the document, I would give a brief explanation of the differences in the two types of notarizations I could perform and ask the signer to make the determination. I cannot provide any assistance in making that determination, as it is unauthorized practice of law.

Terri
Lancaster, CA
CA Notary Exam Instructor

Reply by rengel/CA on 7/30/07 9:36pm
Msg #202866

Terri,

I work in a law office so after I explained to the attorney the difference between an acknowledgment and jurat, I had the attorney make the determination.
I know better than to attempt to practice law.