Notarizing Power Of Attorney: Son-In-Law's Role

A power of attorney is a legal document that grants one person the authority to act on behalf of another in legal or financial matters. A power of attorney can be non-durable or durable and can cover any number and types of affairs the principal wants to assign to their agent. A notary public for a power of attorney authenticates the document and adds a layer of protection. The requirements for notarization vary depending on the state, and in most cases, notaries do not need to be lawyers. So, can a son-in-law notarize a power of attorney? Let's find out.

Notarization requirements vary by state

In the United States, a notary public is a person appointed by a state government—for example, the governor, lieutenant governor, or secretary of state—and their primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties may vary from state to state. In most cases, a notary is barred from acting outside their home state unless they have a commission there as well.

Notarization requirements do vary by state. For example, in Missouri, the seal must contain the notary's name exactly as indicated on the commission, the words "Notary Seal", "Notary Public", and "State of Missouri", and, after August 28, 2004, the commission number assigned by the secretary of state. In the state of New Jersey, notaries serve as impartial witnesses to the signing of documents, attest to the signatures on the documents, and may also administer oaths and affirmations. Seals are not required in New Jersey, but many people prefer them, and as a result, most notaries have seals in addition to stamps.

In 32 states, the main requirements to become a notary are to fill out a form and pay a fee. Many states have restrictions concerning notaries with criminal histories, but the requirements vary from state to state. Notaries in 18 states and the District of Columbia are required to take a course, pass an exam, or both. For example, California law sets maximum fees for services related to notarial acts, and a fingerprint may be required in the notary journal based on the transaction in question.

Some states simply issue a commission "at large", meaning no indication is made as to what county the person's commission was issued from. However, some states do require the notary to include the county of issue of their commission as part of the jurat, or, where seals are required, to indicate the county of issue of their commission on the seal. If a state requires indicating the county where the commission was issued, it does not necessarily mean that the notary is restricted to notarizing documents in that county, although some states may impose this as a requirement.

Notarization is not the same as drafting

While notarization and drafting are both legal processes, they are distinct from each other. Notarization is the process of authenticating or certifying a legal document, whereas drafting involves creating or writing a legal document. The primary role of a notary in the notarization process is to verify the identity of the signatory and ensure that they understand the document and are signing it willingly. This may involve witnessing the signing and affixing a notarial seal and signature to certify the acknowledgment.

It is important to note that the requirements and procedures for notarization may vary depending on the state and the specific type of notarial act, such as acknowledgments, jurats, or oaths. Each state has its own regulations governing who can become a notary, and it is crucial for notaries to adhere to their state's laws and best practices.

On the other hand, drafting a legal document typically requires a certain level of legal expertise and understanding of the specific laws and requirements related to the document being created. In some cases, notaries who are employed as paralegals or work in the real estate field may draft legal documents under the supervision of an attorney. However, it is generally considered unauthorized practice of law for a notary to draft documents without appropriate supervision.

Additionally, ethical considerations come into play when a notary has a financial interest in the transaction. For example, an attorney/notary should not notarize an agreement with a client regarding the payment of attorney fees, as they would financially benefit from the execution of the document. Similarly, a notary who benefits financially from the sale of a property should not notarize any documents related to that sale.

A lawyer is not required to notarize

While it is a common misconception that notarizing a Power of Attorney (POA) requires legal expertise, being a lawyer is not a prerequisite to notarize a POA. In some US states, lawyers are automatically authorized to perform notarial duties as an extension of their legal duties. However, in states where this is not the case, lawyers must go through the standard notary application process to become a notary public.

It is important to note that a lawyer cannot certify acknowledgments and is likely not eligible to notarize a document if they are named in the document or have a vested interest in it. This is because, like a public notary, a lawyer acting as a notary must be an impartial party with no interest in the transaction.

The primary role of a notary in notarizing a POA is to verify the identity of the signatory, witness the signing, and affix the notarial seal. They must also ensure that the signatory understands the document and is signing it willingly. Notaries must adhere to the laws and regulations of their state regarding notarization, which typically include maintaining a current notary commission and following specific procedures.

Online notarization platforms like BlueNotary offer a convenient way to notarize POAs, especially when in-person meetings are challenging. These platforms provide a secure and compliant environment, ensuring the process is efficient and legally binding.

Online notarization is an option

Online notarization platforms like BlueNotary and Docusign Notary offer a convenient, quick, easy-to-use, and legal alternative while remaining secure and affordable. They allow users to notarize documents from the comfort of their homes or offices, eliminating the need to travel to a physical location. These platforms offer robust security measures, such as identity verification, knowledge-based authentication, and electronic journals, ensuring the process is secure and legally binding.

To use an online notarization platform, users typically need to upload their legal documents, provide the names of all signers and witnesses, and test their device's camera and microphone. To verify their identity, users must also upload a valid form of ID, such as a driver's license or passport. Once the document is uploaded, the platform will guide users through the process of adding their signature and any necessary notary-specific tags or seals.

It is important to note that while online notarization is legal in all U.S. states and territories, there may be limitations for remotely notarized documents in certain states. Therefore, it is essential to check with the court or other authorities to ensure that they accept remote notarizations and electronic signatures in your specific state.

Notarization adds document protection

The process of notarization adds a layer of protection to documents, especially those that are crucial to personal and professional contexts. It is a way to ensure the authenticity of a document and deter fraud. Notarization is the official process of verifying the authenticity of signatures on important documents by a licensed notary public.

A notary public, or simply a notary, is a person of proven integrity appointed by state governments as a public officer. They serve as an impartial witness during the signing of important documents, including legal depositions, wills, trusts, affidavits, and powers of attorney. The notary's role as a neutral witness means that many courts recognize notarized documents as valid evidence, increasing the enforceability of agreements.

The process of notarization typically involves several steps. Firstly, the identity of the signer is verified through government-issued identification. Then, the document is signed in the presence of the notary, who witnesses the signing. Finally, the notary applies an official stamp or seal, along with their signature, to the document. This seal confirms the identity of the signer and their voluntary acknowledgment of the document's contents.

Notarization is particularly important for documents such as loan agreements, property deeds, wills, trusts, powers of attorney, and affidavits. These documents often require notarization to ensure legitimacy, compliance with regulations, and protection against future disputes or fraud. By having these documents notarized, individuals can enhance their credibility and provide an extra layer of security in legal and financial transactions.

In summary, notarization adds document protection by verifying the identity of the signer, witnessing the signing, and providing an official stamp or seal. This process helps to deter fraud, enhance enforceability, and increase the overall integrity and credibility of the document.

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