Posted by kathy/ca on 11/1/08 8:51pm
Msg #268842

In CA for a POA, we use the "standard" Ack, right? I

thought I saw a post regarding the use of a "special" Ack for a POA but would like clarificaiton please if something has changed.

Reply by rengel/CA on 11/1/08 8:56pm
Msg #268843

We don't use anything. The POA must come with its own acknowledgement, if it doesn't, we ask the signer if they want an acknowledgement or a jurat. Period.

Reply by kathy/ca on 11/1/08 10:19pm
Msg #268851

I know that but wanted to know if there is an Ack

that is different from our standard CA Ack that is used soley for a POA. I dont think there is but wanted to be sure that this hasnt changed as I read on another post that they do use an ACK specifically for a POA in another state. I think it was in NC and since I have not been Notarizing for a while just wanted to get clarification on this.

Reply by Marian_in_CA on 11/1/08 11:09pm
Msg #268852

Re: I know that but wanted to know if there is an Ack

There is only one kind of an acknowledgment in California, and that is the one listed on the Secretary of State's website at: http://www.sos.ca.gov/business/notary/notary_ack.htm

There is specific wording used when certifying a copy of a POA and that is listed in the current handbook on page 17. If you don't have the current handbook, a PDF of it is available here: http://www.sos.ca.gov/business/notary/notary_hdbk.pdf

But, POAs can be either acks or jurats... it depends on the document maker. If there is no wording at all, you have to ask them what they want. You can't tell them anything except to explain the difference between the two.

Reply by kathy/ca on 11/1/08 11:48pm
Msg #268854

Maybe I should have said "in the case where the document

maker asks for an ACK is there now a special one, other than the standard Ack to be used in the state of CA when notarizing a POA. I read that some where, I didnt think it was the case but posted just in case things had changed and apparently it has not.

Reply by Marian_in_CA on 11/2/08 12:28am
Msg #268857

There has been a recent change...

Regarding POAs, but it isn't in the wording of the acknowledgment, though. As off January 2008 POAs have been added to the list of documents where you are legally required to obtain a thumbprint of the signer. Maybe that's what you were thinking about?

Specifically, the rule on page 11 of the handbook reads:

"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 finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition."

Reply by Linda_H/FL on 11/2/08 7:26am
Msg #268864

She's referring to Msg #268552... n/m