Thread Topic: CA Power of Attorney Forms
Topic Originator: Joan Bergstrom
Post Date May 7, 2010 @ 5:23 PM |
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Joan Bergstrom
187 Posts
(Riverside, CA)
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When a California Notary Public is presented with a Power of Attorney form to notarize it rarely has the legally correct CA notary verbiage pre-printed on the form.
The public seems to download Power of Attorney forms from the Internet or buys them at a stationary store and the wording that was added to our Acknowledgment certificate in 2008 (and continuing forward) is not on most Power of Attorney forms I notarize.
CA added in 2008, the following verbiage for Acknowledgments: I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.
I think CA notaries should be prepared to add a California All-Purpose Certificate of Acknowledgment with our 2008 law change to most Power of Attorney notarizations.
Joan Bergstrom Riverside CA Mobile Notary
http://www.joanbergstromnotarypublic.com
951-522-4919
830 Via Mesa Verde
Riverside, CA 92507
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Kevin Weaver
1 Posts
(Alameda, CA)
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Hi Joan,
Is this still true to use the Acknowledgment form to notarize a POA. I was told I can only notarize a copy not the original POA.
I have a client that needs a POA Notarized, and I want to make sure I am okay to notarize if the verbiage is correct.
Thanks,
Kevin Weaver
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Marian Harmon
273 Posts
(Lancaster, CA)
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Kevin,
Of COURSE you can notarize a signature on a Power of Attorney... whoever told you that was not correct.
Remember, you are not to choose if an acknowledgment is used or not -- that's up to the signer. Now, if the POA clearly has an acknowledgment certificate with incorrect wording, just use the proper wording -- whether that be by attaching a loose certificate, or adding it to the document itself if there's room with a stamp or writing it by hand.
Now, Joan will tell you not to write in in by hand... but there's nothing wrong with doing it. What matters is the wording itself, not how the words are placed on the document. Obviously, most people would just use a loose certificate.
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Joan Bergstrom
187 Posts
(Riverside, CA)
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You can write this verbiage in "by hand" but this is 2010 and why would a CA notary not have a CA Ack loose certificate available?
If a CA notary doesn't have a loose Ack certificate available I don't think he/she should be in our business.
A CA notary can download and print a free CA acknowledgment from our CA Sec of State website or at www.notaryclasses.com to name just 2 of many ways to acquire and print a CA loose certificate.
There are probably 20 more websites to print this form "free of charge"!
There is no reason to write this information when it is so available to print.
http://www.joanbergstromnotarypublic.com
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