Posted by Bernice/CA on 3/27/12 2:46am
Msg #416160

HELP, having a mental blank down


How do you complete the CA Acknowledgement when the client cannot sign document (spouse has POA). Specifically on the “Personally Appeared” line, would the client or spouse name be written in the “Personally Appeared” line?

State of California }
County of _________

On __________ before me, (here insert name and title of the officer), personally appeared _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.

Notary Public Signature Notary Public Seal

Reply by JanetK_CA on 3/27/12 5:04am
Msg #416162

Just what it says... the name of the person who is physically in front of you, i.e. "personally appeared". This is one of those cases where you read it literally and don't over complicate it. As I see it, when someone signs as the Attorney-in-Fact for someone else, they don't become that person, they're just signing FOR that person.

I'm guessing you'll be smacking yourself upside the head any moment now...

Reply by MW/VA on 3/27/12 8:09am
Msg #416168

Just the person who appeared before you. I see that the "on behalf of" language is covered in the notarial language.

Reply by Bernice/CA on 3/27/12 11:26am
Msg #416180

Thank you all for your response.... yes I did smack my head after posting...

Have a Blessed Day!

Reply by GOLDGIRL/CA on 3/27/12 2:08pm
Msg #416198

"mental blank down" LOL. These happen!

Additionally, if the spouse who is signing with POA is also signing for him/herself, you would specify "capacities" instead of "capacity," which we normally do when just one person personally appears before us. That's because the person appearing before you is signing for him/herself as well as for their spouse.