Posted by Delores Daugherty on 6/22/12 3:10pm
Msg #424363

Attorney in Fact signing

Hi, It's been MANY, MANY YEARS since I have done a closing where there is a Attorney-in-Fact. The wife signed on behalf of the husband. How do I complete the acknowledgments portion where I would normally fill in both of their names? Can anyone out there advise me? Thanks, Delores

Reply by JAM/CA on 6/22/12 3:24pm
Msg #424366

In your notarial certificate, you can only put the person who appeared before you, that's it. No capacities. Hence, "Personal Appearance".

Reply by Delores Daugherty on 6/22/12 3:27pm
Msg #424367

Okay. I know I wouldn't put his name because he did not appear before me, but I wasn't sure if I would put John Smith by Jane Smith his attorney in fact. Thanks so much

Reply by Marian_in_CA on 6/22/12 4:18pm
Msg #424372

Never, never never do that (in California). You only put the name of the person appearing in front of you. That's it. That's who you are IDing.

Nothing more. Representative capacities are a strict no-no in California and you could be in big trouble if you do that. Also, you should not ask to see the Power of attorney to verify that they can sign as AIF, either. That would be "determining" capacity and another big no-no. If the wife claims capacity, that' what she claims. You are IDing her, and that's all.

Reply by GOLDGIRL/CA on 6/23/12 1:43am
Msg #424402

Additionally, if the wife is signing for herself as well as for her husband, you would indicate capacities (plural) in the acknowledgement.... as in: "... in her authorized capacities..."