Posted by sharpnote_CA on 3/22/12 5:14pm
Msg #415730

Help! same name

Help! I notarized a POA for someone who has the same last name as me (we have a pretty common last name). We do not know each other. The bank is telling the poor lady they will not accept the POA because we "could be" related. Can the bank do that? What can I do to help this lady?

Reply by Linda_H/FL on 3/22/12 5:31pm
Msg #415731

Re: Help! same name...

Can you contact her bank? Let them know you're not related...but even if you were...

Page 10 of your handbook:

"A notary public is not prohibited from notarizing for relatives or others, unless doing so
would provide a direct financial or beneficial interest to the notary public..."

http://www.sos.ca.gov/business/notary/forms/notary-handbook-2011.pdf

Now, if it's bank policy that's a whole other issue...also depends on how "involved" you want to get with this...

Good luck.

Reply by LKT/CA on 3/22/12 8:44pm
Msg #415748

You notarized correctly but in this situation, I'd give the lady a refund (or notarize a future doc free) and refer her to a notary friend or the UPS Store. Linda's right....CA law does allow for notarizing for relatives but I'm a HUGE advocate of avoiding situations that would give the **appearance** of something wrong. To the bank, it *appears* wrong and since they are the receiving party of the POA, they're rejecting it, and IMHO, with good reason. It's easier not to argue with the bank <in this specific situation> and have the lady get the doc notarized again by someone with a different last name.

Again, you did nothing wrong.