Posted by azanygal_CA on 2/14/09 3:04am
Msg #277503
CA POA question
I apologize in advance for having a "senior moment" but I have a question on whose name should appear on an acknowledgement when someone is signing as an Attorney in Fact. Both Jane Doe and John Doe appeared before me. John Doe signed all the documents as: Jane Doe by John Doe as Attorney in Fact. On a CA acknowledgement, whose name appears after the wording "personally appeared"? I am confused by the exact wording. Jane Doe did personally appear but she did not actually sign the docs, her attorney in fact did. Does just the phrase "John Doe" get written in since I cannot as a notary in CA authorize capacity or does just Jane Doe get written in? Any help out there would be appreciated. I used the search feature and did not get any answers regarding whose name and how it is written for that specific area. Thanks in advance!
|
Reply by Leon_CO on 2/14/09 4:12am
Msg #277506
>> Jane Doe did personally appear but she did not actually sign the docs, her attorney in fact did. <<
----------------------------------
Out of curiosity, why didn't she sign?
|
Reply by Lee/AR on 2/14/09 7:25am
Msg #277512
the person who actually did the signing is the one you put in your cert.
|
Reply by LKT/CA on 2/14/09 7:44pm
Msg #277585
<<<I apologize in advance for having a "senior moment" but I have a question on whose name should appear on an acknowledgement when someone is signing as an Attorney in Fact.>>>
John Doe is the only name to be on the acknowledgment. Jane Doe happened to be in the room too, but she did not "appear before you" for the intent and purpose of executing the document. The signer who "personally appeared" before you proved to you on the basis of satisfactory evidence (via his ID) that he executed the instrument. Again, only the name John Doe goes on the acknowledgment or jurat.
|
Reply by SheilaSJCA on 2/14/09 8:18pm
Msg #277587
What I would like to know is why were they using a POA, when Jane Doe was there in person? Did she have some sort of compacity issue? (broken hand, dementia etc)
|
