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Once again, know your state law on this issue!
Posted by  JanetK_CA of CA on 11/27/19 3:22pm Msg #612952
I know I'm beating a dead horse on this issue, but this thread once again illustrates how much state law can vary from one place to another and how critical it is for us to have a clear understanding of our responsibilities AND of the limits of what we can and can't (and should and shouldn't) do. [And how we need to be careful about what advice we listen to here.]

When facing a situation involving a POA, we need to distinguish between wearing our notary hat vs. wearing our NSA hat. As an NSA, we know that executing loan docs by an AIF needs to be approved in advance - and there may be further guidelines and/or restrictions under various state laws.

In a GNW situation, there's a big difference between what we need to focus on when we're notarizing the execution of a POA by a Principle vs. notarizing someone who is signing as the Agent or 'Attorney In Fact', (AIF) for someone else (the Principle). It's the former situation where we need to be most cautious in determining awareness, willingness, etc. But when it comes to the latter, I don't believe we should assume something inappropriate is going on just because someone has POA authority for someone else.

The vast majority of the time, it's a son or daughter signing for a parent. If it's been prepared by an attorney, there's even less likelihood of a problem. However, that doesn't mean we can't ask questions, like whether or not an attorney was involved; how long ago was the POA executed; are there other siblings; has the POA been recorded, etc. And if the AIF isn't a family member, that might be reason to ask a few more questions. While I believe we should always be careful and look for any signs of that something is 'off', I don't believe we should assume something nefarious is going on just because someone is using their POA authority to sign on someone else's behalf.

In some states, the notary may be required to see proof of that authority, but in others, we should consider it a valid notarial request (as long as it's clear that they're signing "...as AIF" vs. forging someone else's name. Ultimately, if a notary is not comfortable making these judgments, they should always feel free to decline.
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Messages in this Thread
 accepting POA on a QCD - Blueink_TN on 11/24/19 2:44pm
 Re: accepting POA on a QCD - Lee/AR on 11/24/19 2:49pm
 I agree with Lee/AR. -  JanetK_CA on 11/24/19 3:13pm
 By your post I assume title did not mention this in - Linda_H/FL on 11/24/19 2:49pm
 I agree Linda. We can't assume the POA wasn't -  MW/VA on 11/25/19 8:25am
 No I Definitely Would Not Have Accepted The POA -  PegiT_MN on 11/24/19 2:52pm
 A durable general POA most certainly would be acceptable - Linda_H/FL on 11/24/19 2:54pm
 Not to mention it's not our role to accept or decline - Linda_H/FL on 11/24/19 2:55pm
 You Are Right. I Worded My Post Wrong. -  PegiT_MN on 11/24/19 2:57pm
 Re: A durable general POA most certainly would be acceptable -  Cheryl Elliott on 11/24/19 2:57pm
 Good comments~ - Blueink_TN on 11/24/19 3:01pm
 So You Would Have Accepted The POA? Not Me. -  PegiT_MN on 11/24/19 3:02pm
 I already said what I would have done - especially on a - Linda_H/FL on 11/24/19 3:13pm
 I Was Asking Cheryl. n/m -  PegiT_MN on 11/24/19 8:58pm
 Re: A durable general POA most certainly would be acceptable - LJCA on 11/24/19 4:08pm
 Re: A durable general POA most certainly would be acceptable -  ikando on 11/26/19 6:35pm
 Re: No I Would Not Have Accepted The POA - Signerbill on 11/26/19 5:35pm
 Signerbill~ this makes sense - Blueink_TN on 11/27/19 8:36am
 Re: accepting POA on a QCD - Luckydog on 11/24/19 5:53pm
 let us know how this turns out tomorrow n/m - shooterclay on 11/24/19 6:19pm
 Re: let us know how this turns out tomorrow - BearPaw/CO on 11/24/19 7:13pm
 Re: hmmm — POA and QCD could spell license to steal n/m - Carolyn Bodley on 11/24/19 9:52pm
 I agree Carolyn..which is why my post ended with - Linda_H/FL on 11/25/19 6:46am
 Re: no need to hush Linda - Carolyn Bodley on 11/25/19 8:53am
 Re: accepting POA on a QCD -  Cheryl Elliott on 11/25/19 7:55am
 Re: POA, in and of itself, is a legal document - Carolyn Bodley on 11/25/19 8:45am
 Re: POA, in and of itself, is a legal document - Carolyn Bodley on 11/25/19 8:50am
 Just so everyone is clear, the property held in a trust -  Cheryl Elliott on 11/25/19 11:41am
 So, Blueink_TN...how does this end? n/m - Lee/AR on 11/25/19 1:25pm
 Re: So, Blueink_TN...how does this end? - Blueink_TN on 11/25/19 1:54pm
 Re: So, Blueink_TN...how does this end? - Carolyn Bodley on 11/25/19 2:49pm
 I would definitely pass on this one, Blueink. -  Cheryl Elliott on 11/25/19 4:00pm
 If, and this is a big IF, they can find another lender - Linda_H/FL on 11/25/19 4:12pm
 Re: If, and this is a big IF, they can find another lender - Blueink_TN on 11/25/19 4:55pm
 Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/25/19 5:25pm
 Re: DPOA not DOIA — big fingers n/m - Carolyn Bodley on 11/25/19 5:28pm
 Re: If, and this is a big IF, they can find another lender - Linda_H/FL on 11/25/19 5:26pm
 Re: Linda: n/m - Carolyn Bodley on 11/25/19 5:29pm
 Re: Linda: ....Yes Ma'am? :) n/m - Linda_H/FL on 11/25/19 5:32pm
 Re: Linda: - Carolyn Bodley on 11/25/19 5:34pm
 Possibly...all I know is you're right..it's a horrid disease n/m - Linda_H/FL on 11/25/19 5:40pm
 Just got a call from Title - Blueink_TN on 11/25/19 7:53pm
 Interesting. It's their call to make. n/m -  MW/VA on 11/25/19 8:01pm
 never accept? doubt that. sure must be pre-approved by TC - sigtogo/OR on 11/26/19 10:27am
 wait! no Alzheimer, dementia according to Blueink signer - sigtogo/OR on 11/26/19 10:44am
 Re: wait! no Alzheimer, dementia according to Blueink signer -  Yoli/CA on 11/26/19 2:07pm
 yes dementia, no alzheimer was my point. Also seems - sigtogo/OR on 11/26/19 3:31pm
 Re: If, and this is a big IF, they can find another lender -  JanetK_CA on 11/25/19 9:27pm
 Re: If, and this is a big IF, they can find another lender - Blueink_TN on 11/27/19 8:54am
 Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/27/19 9:16am
 Re: If, and this is a big IF, they can find another lender - Blue/CA on 11/27/19 10:31am
 Always call your hiring entity - Blueink_TN on 11/27/19 10:42am
 Re: If, and this is a big IF, they can find another lender - Carolyn Bodley on 11/27/19 12:58pm
 Blueink-why do you think this? - sigtogo/OR on 11/27/19 12:29pm
 Once again, know your state law on this issue! -  JanetK_CA on 11/27/19 3:22pm
 Re: why I said not every case is financial elder abuse or - Carolyn Bodley on 11/27/19 7:36pm



 
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