Posted by yani_fl on 11/26/13 9:04am
Msg #494104

Help Guardian question in Florida

I have closing docs that read Jane Doe by James Smith as Guardian. Can I notarize this in a representative capacity or do they need a power of attorney. I find everything for trustee, AIF and personal representative but not specifically for guardian.

Reply by Ireneky on 11/26/13 9:07am
Msg #494106

Call Title n/m

Reply by MW/VA on 11/26/13 9:08am
Msg #494107

Can't answer for FL specifically, but someone who is acting

as Guardian (has to be court appointed) doesn't need a POA. James Smith is the person appearing before you, so that's who's name appears in your notary certificates, right?

Reply by MW/VA on 11/26/13 9:09am
Msg #494108

Yes, call your hiring party. n/m

Reply by Linda_H/FL on 11/26/13 9:16am
Msg #494112

Guardian has all the power, if not more, of an AIF

Their authority is set by the Probate Court when appointed - this situation, too, should have been approved by lender and title during underwriting and prior to you getting the assignment.

Yes, you can notarize in a representative capacity - use the ack in a representative capacity and cite them as guardian. No POA is necessary if a Guardianship has been set up - the Guardianship gives far more extensive power and authority than a POA does - and cannot be revoked by anything other than the Court that approved it.


Yes, your certs can read as he signs - see page 30 of our manual for format:

http://www.flgov.com/notary_ref_manual/

Reply by yani_fl on 11/26/13 9:23am
Msg #494118

You guys are the best thanks!!! n/m

Reply by Linda_H/FL on 11/26/13 9:33am
Msg #494123

By the way - I would not call title or hiring party on this

You're asking them to explain your state's notary laws and procedures to you, which they assume you already know.

When in doubt, either ask another same-state notary that your trust, go to your handbook, or call the SOS for guidance on it.

I would not call title/hiring party for notary procedural questions. IMO that's a good way to get put on the "Do Not Call" list...

JMHO

Reply by MW/VA on 11/26/13 10:02am
Msg #494130

I have called when I had specific questions on trust

language, etc. IMO it's always best to ask than assume.

Reply by Linda_H/FL on 11/26/13 10:14am
Msg #494132

Here is OP's question

" Can I notarize this in a representative capacity or do they need a power of attorney"

It's NOT an assumption - it's notary procedure that's outlined in our manual...

We, in FL, can notarize in representative capacity...period. As far as the authority of the Guardian - that's up to lender/title to determine if it's sufficient...not us.

BTW - we also don't need to see proof...

Reply by Stamper_WI on 11/26/13 3:19pm
Msg #494162

I'm a guardian

And I sold both her houses. I did have to get court ok on the offers and terms and report what I did with the proceeds. If in doubt ask to see her letters and orders. In WI, certified letters have a red seal by the officer of the court.
My Guardianship letters and orders specifically void any pre existing POA's. The local post office, however, argued with me when I tried to change her address. They only seem to know about POA's apparently.

Reply by Linda_H/FL on 11/26/13 3:39pm
Msg #494166

"ask to see her letters and orders"

We can't do that here, Zana - that's making a determination that may slip into UPL - we have to take them at their word

Reply by Stamper_WI on 11/26/13 3:58pm
Msg #494169

Re: "ask to see her letters and orders"

You are right. I had to provide certified copies to the TC's involved ahead of time when I think about it. Sorry about that.