Posted by Charles B Hasbrouck on 3/20/08 10:23am
Msg #239970

POA Signer and the Signature/Name Affidavit

Have a signing in which the borrower will sign for herself and (with a POA) for her husband. The Sig/Name Affidavit includes a jurat certificate. According to published guidelines (this is from the NNA website), the person with the POA cannot sign a sworn statement for another person:
" because an oath or affirmation is a personal promise of truthfulness, a person may not take one on behalf of another individual or an impersonal entity such as a corporation. For example, an attorney in fact could not sign an affidavit and swear an oath on behalf of the principal who authorized the power of attorney." Does anyone have a specific reference in Florida Notary literature? Thanks.

Reply by PAW on 3/20/08 10:32am
Msg #239976

Not in any notary laws or procedures offered by the Governor's Office or Secretary of State. When the question was posed to the SOS, their response was to contact an attorney.

Having asked a few title attorneys as well as estate planning attorneys, they all agree with the statement you made, ie, one person can not make a sworn statement on behalf of another. However, anyone can make a sworn statement **about** anything. Whether or not it is factual and accurate would be up to the courts to decide.

Reply by sue_pa on 3/20/08 10:45am
Msg #239979

Finally, an answer I agree with on this subject. I think a person can take an oath for another if the POA gives that power or very broad general powers. I've seen attorneys for YEARS sign with capacity as Executor/ POA, etc. I realize just because lawyers do it doesn't make it correct. However, I personally feel as a notary public it is not our job in any way shape or form to read a POA and make the determination as to whether or not a person can or cannot sign on behalf of another. It's their responsibility to know what powers they have. If they say they have the power to sign, they can sign. It would be up to a court to determine whether or not it would be valid. I'm guessing it's not in black and white anywhere but rather an interpretation of several laws. If it were in black & white somewhere, someone would have found it for us within the past however many years this subject has come up.

Examples: I hold a POA for my sisters. If I had to swear under oath names that Little Sister has used in her lifetime I could do so with 100% certainty - as certain as she would be. If I had to swear under oath locations and dates where big sister has lived, I could not do it because they've moved so often and have had many temporary addresses (husband is a career officer in the Army). Can I swear under oath marital history of my sisters? Absolutely, positively 100%. Can I swear that little sister was at work on December 1, 1992, at 2:30 p.m. - nope. Take an oath on a Survey Affidavit? Yes for little sister, nope for big sister as they are spatting with neighbors over the one line and 'someone' keeps moving the surveyor's posts and flags.

Reply by Charles B Hasbrouck on 3/20/08 11:31am
Msg #239991

Thank you both. I believe this is one of the best answers I have read to any notarial question in 7 years doing this. I appreciate your help, and it is gratifying to know that I didn't just forget the right answer to this one.

Reply by Gerry_VT on 3/20/08 1:01pm
Msg #240015

Oath not always about truth

The oaths involved in real estate generally are about the truthfullness of the statements in a document, and it really does seem doubtful that one person could swear for another. However, some oaths are promises to do, or not do, something in the future. It seems an attorney-in-fact could take such an oath on behalf of the person represented, unless there is a law to the contrary.