Under California law, a notary is allowed to certify copies of Powers of Attorney documents of any type (and journal entries) but nothing else. (I would interpret that to exclude AHDs, unless specifically titled as a POA.) I think this is likely because, when needed, many different parties (banks, broker accounts, etc.) may request an original - or certified - copy.
Further, I've heard some attorneys tell their clients (and/or agents) that they don't need to record a POA document until they feel there's a need to. This has always been as part of an estate plan execution where the POA is being signed as a preventive measure, along with the trust, etc, not necessarily because of an immediate need. (I have no opinion or knowledge about the whys and wherefores beyond what I've heard. Those are usually covered before I arrive.)
Perhaps most importantly, in CA at least, it's not the notary's responsibility to know if the document presented is the most current or not, simply whether or not the copy is an accurate one. The one time I recall doing this, I literally put one page from the copy and the original on top of the other, held it up to a light, and visually scanned the entire page for any variances. It was only a couple of pages, but I did the same thing for each one.
Similarly, we here in CA have no responsibility to prove that someone who is signing a document as a principal's AIF, actually has that authority. That falls on the recipient of the signed documents to prove (generally the title co, in most cases we'd encounter). I realize this isn't the case in every state - possibly including Florida - so notaries should check their own state law carefully when making decisions about these issues.
Once again, this shows the importance of thoroughly understanding our own state's laws and of being careful about what advice we follow on message forums such as this. There are lots of very knowledgeable folks on here, of course, but that doesn't mean all are...  [And to be clear, these are general comments, NOT directed at Art_FL.  ]
|
