Reply by CopperheadVA on 11/6/08 2:06pm
Msg #269134
Whenever I have a signer who is signing as attorney-in-fact for someone else, that is reflected in my notarial certificate. On the notarial certificate, I will cross out the name of the person who is not there and make corrections to the certificate wording to reflect the person signing as POA. The proper wording should be covered in your state handbook, if your state publishes one. I would never allow my certificate to indicate that the absent person had appeared before me if he was not there.
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Reply by PAW on 11/6/08 7:28pm
Msg #269165
West's Encyclopedia of American Law, edition 2, defines "affirmation" as a solemn and formal declaration of the truth of a statement, such as an Affidavit or the actual or prospective testimony of a witness or a party that takes the place of an oath. An affirmation is also used when a person cannot take an oath because of religious convictions.
As such, an attorney-in-fact cannot affirm or swear to facts for the principal. That's why you cannot find jurats with AIF wording, only acknowledgments, where the attorney-in-fact has the authority to execute instruments on behalf of the principal. Obviously, the attorney-in-fact, acting individually and not in a representative capacity, can make such statements, but then, as you point out, the principal is the one who must appear before you and make the statements, not the attorney-in-fact.
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