Posted by Jacquie2003 on 2/15/11 2:29pm
Msg #372866

Power of attorney advice

I just received a call to notarize a power of attorney that will be sent to Russia. It seems this couple has had limited POA's signed in the past but their usual notary is on vacation. The woman's dad died some time ago & she need these POA's to do certain things over in Russia. My question is.....is this legal? If so, is $20 a resonable fee? I'm in NJ & the state manaul says $2.50 is the going rate for general notarizations.

Reply by CopperheadVA on 2/15/11 2:32pm
Msg #372868

How far are you going to travel to the signer's location?

Reply by Jacqueline Rice on 2/15/11 2:33pm
Msg #372869

about a 7 minute drive from my house

Reply by Scott/NJ on 2/15/11 2:42pm
Msg #372876

For general notarizations someone can go to their bank and get it done for free, usually. Or they can go to a UPS Store and have it done for $10. Or they can call me and I will come to them for $25. I think that's fair. My travel and convenience fee is $22.50...or less if there is more than one signature to notarize.

Then I was asked to do a notarization in a town about 20 miles from me. I quoted them $50 whether the signer is coherent or not. The signer was coherent, I was compassionate (their words) and they gave me $100, said this is for you, and thanks.

They also gave my name to their attorney. He called me this past week and asked if I was available to go notarize some affidavits for a mesothelioma case. I said yes, $50. He said, how about $75? I said sure. After the signing, he gave me $100.

Now if only SS worked that way...

Reply by CopperheadVA on 2/15/11 2:43pm
Msg #372877

Does your state allow you to charge a travel fee? If so, I personally think the $20 fee is reasonable, especially if scheduled when you have nothing else going on (don't let this type of appointment get in the way of a loan closing appointment).

I charge a reasonable travel fee, especially if meeting at Starbucks which is two miles away but it can take up to ten minutes to get there and walk inside, in addition to my state-allowed notarial fees and I do have quite a few takers. Can't get rich off of it but it's good for pocket money.

Reply by Scott/NJ on 2/15/11 2:44pm
Msg #372878

Yes, NJ allows a travel fee, no problem. And any other fee as long as it's disclosed up front (it says in the handbook).

Reply by Jacqueline Rice on 2/15/11 2:53pm
Msg #372884

Thank you Scott for the info....I appreciate hearing from someone in NJ.

Reply by Linda_H/FL on 2/15/11 2:37pm
Msg #372870

Re: Power of attorney advice...okay..confused again

"The woman's dad died some time ago & she need these POA's to do certain things over in Russia"

??...not sure I understand what's happening here - is SHE signing POA over to someone over in Russia?

If they have POA's executed already, why not use those?

Also, think Apostille.

Fee - state approved notary fee plus travel fee if allowed by your state.

Reply by Jacqueline Rice on 2/15/11 2:40pm
Msg #372873

Re: Power of attorney advice...okay..confused again

From what I gathered through his thick russian accent they receive limited POA's so they expire. I am going to question them more when I see them tomorrow. According to Wikipedia I can do this....

Reply by Linda_H/FL on 2/15/11 2:42pm
Msg #372875

Wikipedia?? SharonMN is right..read below

And do NOT rely on Wikipedia as your authority of your state notary laws..

Good grief..

Reply by SharonMN on 2/15/11 2:39pm
Msg #372872

You are making this too complicated.
The person in front of you will produce an ID and a POA document (already drafted) and sign the POA in front of you. You then notarize their signature and charge the fee allowed by your state (or less).

You can probably also charge for additional services, such as travel or clerical work like making copies, getting an apostille, or mailing the POA to Russia. if you aren't performing any of these services, you can only charge the maximum allowed per your state law.

You do not need to worry about the content of the document or whether it is "legal." The only thing you'd need to worry about is fraud, such as if the person was signing their dead father's signature on the POA. That would clearly not be allowed.

Reply by Jacqueline Rice on 2/15/11 2:42pm
Msg #372874

Thank you! I thought as much but I just wanted to make sure....

Reply by Les_CO on 2/15/11 2:47pm
Msg #372879

You leave a LOT of unanswerable questions. If they are coming to you $20 is too much. If you are going to them (close) it’s fair. Whether your notarization will be accepted in Russia (without an Apostlle), when your commission expires, and if you need an embosser (seal) and if the signers understand the language the document is written in, are things to be addressed JMO

Reply by Victoria_NJ on 2/15/11 2:53pm
Msg #372883

NJ Allows travel and ancillary fees

Title agencies are allowed to charge a $25 per hour trip fee under the DOBI.

Additional costs you incur accepting the witnessing are allowable such as printing, travel etc.

The $2.50 is per acknowledgement and is capped in NJ at $25.00 since most documents, including loan pkgs rarely have more than 10 pages that need actualy notary signatures.

If the closing is close by, $20 is reasonable, especially given that I am seeing notaries here who are accepting $50 to do a full loan pkg.

I'd also ask that both the PRINCIPAL (the person giving the POA) and the AGENT (the person accepting to act as POA) be present at the signing.

Reply by CopperheadVA on 2/15/11 3:06pm
Msg #372889

Re: NJ Allows travel and ancillary fees

<< The $2.50 is per acknowledgement and is capped in NJ at $25.00 >>

Wow, that $2.50 is low and they even cap it? I had a USAA package last night through LSI - between lender docs and title docs there were 15 notarizations!!!

Reply by BrendaTx on 2/15/11 6:02pm
Msg #372911

Victoria NJ - that's UPLish, isn't it?

*I'd also ask that both the PRINCIPAL (the person giving the POA) and the AGENT (the person accepting to act as POA) be present at the signing.*

By what NOTARY law do you ask this?

In my opinion, notaries aren't supposed to get involved in the POA or who needs to be present except the signer.

While it is true that I have seen some POAs drafted with the Attorney-in-Fact (Not "Agent".) accepting by signing, notaries don't get to make that call.

Reply by BrendaTx on 2/15/11 8:49pm
Msg #372940

Re: Victoria NJ - that's UPLish, isn't it?

An informed source advises that the AIF can also be an "agent" in fact. I agree and retract that remark - agent vs. attorney.

Grumble.

Reply by Susan Fischer on 2/15/11 10:11pm
Msg #372948

Awww, Bren, here, have some popcorn... n/m

Reply by Victoria_NJ on 2/16/11 10:53am
Msg #372969

Re: Victoria NJ - that's UPLish, isn't it?

In some cases Brenda, a POA will be executed by BOTH the Principal and the Agent as in the case of a Durable Power of Attorney. This way the POA is explicit that the Powers given to the Agent of the Principal are actually being accepted by the Agent in order to perform in behalf of the Principal.

Whenever I do a POA, I ask if it is made with just the Principal to sign or both parties.

Not a notary law, LOL but certainly a time saver.

However, now I am reading that the Principal is dead and as we all know, dead people can't vote or sign anything unless they are in Chicago.

Reply by MikeC/NY on 2/15/11 10:44pm
Msg #372949

Re: Victoria NJ - that's UPLish, isn't it?

Not to mention the fact that the principal in this case appears to be dead...

I'm not sure how you do a POA under those circumstances. NY has very liberal rules as far as notarization is concerned, but at the very least the person has to be able to fog a mirror...

Reply by Susan Fischer on 2/15/11 10:54pm
Msg #372950

Oh, Mike, you evil factorian you...fog a mirror...chortle... n/m

Reply by BrendaTx on 2/15/11 5:55pm
Msg #372910

*I just received a call to notarize a power of attorney that will be sent to Russia. It seems this couple has had limited POA's signed in the past but their usual notary is on vacation. The woman's dad died some time ago & she need these POA's to do certain things over in Russia. My question is.....is this legal? If so, is $20 a resonable fee? I'm in NJ & the state manaul says $2.50 is the going rate for general notarizations.*

Whose is giving the power (of attorney) to whom?

To me it sounds like the woman's dad's business needs to be taken care of, but he is dead.
If he is dead, he will not be around to sign a power of attorney.

(Further, as I understand the law, in Texas once the grantor (of the power of attorney) is dead the document has no more power.

Am I the only one who thinks this sounds like the clients are trying to get a POA notarized giving dad's authority to them when dad is already dead?

I have seen people get confused by this and ask for the same thing.

To answer to OP's post: If someone brings a document to you and you can follow the proper teps of notarization when you notarize it, then it's legal for you to do.

Reply by Victoria_NJ on 2/16/11 10:48am
Msg #372968

I missed the part that the Dad was dead - no POA oops n/m

Reply by LKT/CA on 2/15/11 6:14pm
Msg #372915

<<<From what I gathered through his thick russian accent they receive limited POA's so they expire.>>>

A Limited POA typically means that the powers and duties of the attorney-in-fact are limited. In other words the AIF can do this, that, and the other ONLY. It does not give broad, unlimited powers. A POA can be customized to be effective one date and expire on another date but the only POA's I've seen do not have an expiration date written in. The one's I've notarized signatures for must be revoked by the principal.

<<< The woman's dad died some time ago & she need these POA's to do certain things over in Russia.>>>

Who will be the principal of the POA and who will be the attorney-in-fact?

Reply by James Dawson on 2/15/11 6:19pm
Msg #372916

I was wondering the same thing, who is the principal?

Reply by Linda_H/FL on 2/15/11 6:56pm
Msg #372923

I asked these questions...she never answered them...

Reply by jba/fl on 2/15/11 7:37pm
Msg #372929

I don't believe she knows yet.

Reply by JanetK_CA on 2/15/11 6:33pm
Msg #372919

This is just a SWAG, but is it possible that there's a co-beneficiary still back in Russia who is taking care of the dead father's affairs and needs the approval of a beneficiary here? Just one possible scenario, I suppose. BTW, I'm pretty sure I've seen POAs that are only good for a certain time period. Things are done differently in different places...

As for your fees, as others have said, I'd treat this just like you would any other notarization.

Reply by Jacqueline Rice on 2/16/11 11:50am
Msg #372981

I will let you all know what it is about after I do it this afternoon. And YES, POA's can be for a limited time.....I do them all of the time for one of my title companies so that they can make changes, should they be needed, on the clients behalf.

Reply by Jacqueline Rice on 2/17/11 8:52am
Msg #373099

The POA was so the daughter of the deceased man could give rights to someone in Russia to handle her affairs for her so she wouldn't have to fly over there & handle it herself.
Thank you all for your posts & support.