Posted by Angela Goda on 4/6/08 2:19pm
Msg #242424

Jail --Power of attorney

What happens when you go to do a power of attorney for an inmate and you can't get a thumbprint due to the fact the notary book does not fit thru the slot, what do you do??
Please help...

Reply by sue_pa on 4/6/08 2:36pm
Msg #242427

I'm not in CA and even I know you don't need a thumb print in CA for a POA.

Reply by Linda_H/FL on 4/6/08 3:02pm
Msg #242433

Yes it is required

"If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real
property or a power of attorney document, the notary public shall require the party signing
the document to place his or her right thumbprint in the journal. If the right thumbprint is
not available, then the notary public shall have the party use his or her left thumb, or any
available fi nger and shall so indicate in the journal. If the party signing the document is
physically unable to provide a thumb or fi ngerprint, the notary public shall so indicate in
the journal and shall also provide an explanation of that physical condition."

Reply by sue_pa on 4/6/08 4:11pm
Msg #242441

my big mouth

butting in where I hate it most - notaries in other states telling what's required. I've read on these boards for years about how it's required on deeds but never saw anyone post that about a POA. Will keep my notarial opinions in the future where they belong - in PA.

Reply by Linda_H/FL on 4/6/08 4:41pm
Msg #242444

LOL...don't do that Sue...we need your expertise here

it MAY be a 2008 CA thing...

Reply by GWest on 4/6/08 6:22pm
Msg #242449

You are right, it IS a 2008 CA thing n/m

Reply by Gerry_VT on 4/6/08 3:12pm
Msg #242434

Buy a small journal. Charge the client for the unused space in the current big journal, and the entire cost of the small journal, since it will be the only entry.

Reply by LKT/CA on 4/6/08 3:29pm
Msg #242437

The jail attendant should go through the door to where the inmate is, hand the journal to him/her for both signature and thumbprint then bring it back to you.

Reply by Carmi/CA on 4/6/08 4:38pm
Msg #242443

In my experience, a sheriff came out. I handed my journal and thumbprinter to her and she had the inmate sign and do her thumbprint. Then, she came back out and gave me my things. I was able to see everything through the partition glass.

Reply by Angela Goda on 4/6/08 7:48pm
Msg #242454

ok, great thank you to all of you for your help.

Reply by NCLisa on 4/6/08 8:54pm
Msg #242458

Make a copy of a blank journal page

and have him sign and fingerprint that. Then either attach it via a stapler into your current journal.

Reply by Angela Goda on 4/6/08 11:12pm
Msg #242467

Re: Make a copy of a blank journal page

very good thought, I did not think of that, Thank You...

Reply by Dave_CA on 4/7/08 10:02am
Msg #242482

How did you ID the inmate?

I'm asking because the wristband issued to inmates is NOT acceptable ID in CA.

Reply by PAW on 4/7/08 1:34pm
Msg #242510

Not an option in CA

My understanding is that the notary must keep "one active sequential journal at a time of all acts performed as a notary public.". That is, no loose pages can be added and no pages can be removed. The journal must remain intact.

By inserting a page, the journal may no longer be considered a "sequential" journal and the notary may then be guilty of improperly maintaining the journal.