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How to notarize for a signer who has power of attorney

Updated 4-24-23. Imagine you are asked to notarize a signature — and you realize the individual whose signature is on the document isn't present. "I'll sign it," says the person who brought you the document. "I have power of attorney to act for them."

Can you perform the notarization? It depends on your state law, the type of document involved and there may be special rules to follow. Here are 5 important things to know before you notarize for a signer claiming power of attorney.

What is a power of attorney and an attorney in fact?

A power of attorney is a document authorizing someone to perform duties on behalf of another individual. A person granted power of attorney to sign documents for someone else is typically referred to as an attorney in fact or agent, and the individual represented is referred to as a principal.

An attorney in fact has authority to sign the principal's name and have that signature notarized without the principal being present.

Are there special rules when notarizing a document granting power of attorney to someone?

Some states may have special requirements when notarizing a document granting power of attorney. Always be sure to follow your state rules if asked to notarize a signature on a power of attorney document. 

If a California Notary is asked to notarize a signature for a document granting power of attorney, the Notary must obtain the signer's thumbprint for their journal entry. California Notaries are also authorized to certify copies of a power of attorney document. Page 16 of the state's 2023 Notary Public Handbook includes recommended certificate wording that California Notaries may use if asked to certify a copy of a power of attorney. 

In Florida, if the person signing a power of attorney document is physically unable to write their name, FS 709.2202[2] permits the Notary to sign and/or initial a power of attorney on behalf of the disabled signer. The principal must direct the Notary to do so, and the signing must be done in the presence of the signer and two disinterested witnesses. The Notary must write the statement “Signature or initials affixed by the Notary pursuant to s. 709.2202(2), Florida Statutes” below each such signature or initialing. ​

How do I notarize the signature of someone who has power of attorney?

An attorney in fact typically signs a document with two names: the attorney in fact’s own name and the name of the principal. For example, if John Doe is acting as attorney in fact for Mary Sue, he could sign like this:

“John Doe, attorney in fact for Mary Sue, principal”

Or,

“Mary Sue, by John Doe, attorney in fact”

In this case, John Doe is the person appearing before you and signing the document, but doing so on behalf of Mary Sue. Because John Doe is the only person who is physically present and signing, you would write John Doe's name as the signer in the appropriate parts of the certificate wording (for example, “… personally appeared before me John Doe, who acknowledged …”).

Power of attorney signature imageYou would only have to verify the identity of the attorney in fact, not the principal. In our example, John Doe would only need to show you his ID, but would not need to show you Mary Sue's driver's license as well.

Some states, such as Florida, may require the Notary to use specific certificate wording when notarizing the signature of a person acting as an attorney in fact. Florida statutes provide wording for an Acknowledgment by Representative (FS 117.05[13][c]) and a Short Form Acknowledgment by Attorney in Fact (FS 695.25[5]).  

When recording your Notary journal entry, the attorney in fact signs his or her own name. You should also note in the entry that the signer was acting as an attorney in fact and the name of the principal the signer represented.

Do I need to ask for proof of the attorney in fact's authority?

Idaho and Montana require Notaries to verify the authority of someone signing as a representative through either your personal knowledge or by requesting written proof from the signer. 

Hawaii requires the Notary to be completely satisfied that the attorney-in-fact does indeed have the authority to sign the instrument for the individual executing the instrument, and that the power of the attorney is in full force and effect before notarizing. 

California and North Carolina do not require Notaries to verify a signer's representative status. 

In other states, if a person is signing as a representative of an absent principal, the NNA recommends asking the signer to formally state out loud in your presence that they have authority to sign on the principal's behalf. 

Can an attorney in fact take an oath or affirmation for someone else?

Be aware that even if someone has power of attorney to sign on a principal's behalf, taking an oath or affirmation in the name of another person is generally not permitted. If an attorney in fact requests a jurat, the attorney in fact must swear or affirm before you in his or her own name only — not the principal’s.

For example, if John Doe is signing a document that requires a jurat on behalf of Mary Sue, John Doe could take an oath stating “I, John Doe, swear the contents of this document are true,” but could not say “Mary Sue swears the contents of this document are true,” or “I swear on behalf of Mary Sue the contents of this document are true.”

What certificate do I use if someone is signing as attorney in fact?

If your state law prescribes a specific certificate for someone signing as attorney in fact, use that wording. If your state does not specify attorney-in-fact wording, then you may use the appropriate standard certificate for the notarial act. Always make sure you are using the appropriate wording required in your state or territory before proceeding.

David Thun is the Assistant Managing Editor at the National Notary Association.


Related Articles:

A guide to notarizing for representative signers


View All: Best Practices

119 Comments

Add your comment

jeevesdegree@gmail.com

28 Sep 2015

read article

nairjayen@gmail.com

28 Sep 2015

none

Joan A. Baffa

30 Sep 2015

A word of caution taken from one of the NNA SORRY NO CAN DO! booklets: "An oath (or affirmation) is a personal commitment of conscience that cannot be relayed through a third party. The oath taker must be in the physical presence of the Notary or other oath-administering officer. If your document states that the signer "subscribed and swore," "deposed and said" or the like, an oath is needed.

Deborah Chambers

20 Oct 2015

This is valuable information to Notary public.

Andrew Homan

09 May 2016

What if the attorney in fact forgets to add POA or attorney in fact after their sig?

sporty-girl

28 Sep 2016

My brother had his notary, (also his secretary) skim over the POA of Finance to my Mom. Is it legal for him to let someone else do this? Is it a conflict of interest for her to notarize such an important document for him? I don't trust him.

National Notary Association

30 Sep 2016

Hello. We're sorry, we are not 100 percent clear from your question what the Notary did to "skim over" the PDF for your mother. However, we can tell you that Notaries who are not attorneys are not allowed to give advice or answer questions about the contents and legal effects of a document to a signer.

Rosalie

03 Nov 2016

Can a borrower use the verbiage "Power of Attorney" after his signature? Or does he have to sign "Attorney In Fact"?

National Notary Association

09 Nov 2016

Hello. A nonattorney Notary can't advise a signer on what title to sign a documetn with. That would depend on the instructions of the agency that issued the document or the agency receiving it. The signer should contact those agencies or a qualified attorney for instructions regarding any requirements for signing the document.

Linda Fuller

04 Nov 2016

What is your definition of ATTORNEY IN FACT

National Notary Association

04 Nov 2016

Hello. As stated above, an attorney in fact is a person granted power of attorney to sign documents for someone else (the principal). An attorney in fact has authority to sign the principal's name and have that signature notarized without the principal being present.

Karen

07 Dec 2016

If my brother is Attorney In Fact, is he able/suppose to sign any other documents that may come up in the future? Thanks

National Notary Association

09 Dec 2016

Hi Karen. We're sorry, but that's a legal question we can't answer. You would need to speak with a qualified attorney to help you with this issue.

Tracey Strong

21 Mar 2017

I'm the power of attorney for my mother but the notary did not have my mother to sign and there were boxes checked that should of had her initials but it does not. My mom has late stage dementia and is cognitively incapable of understanding. This has caused a nightmare for me. I wasn't there at the signing but it was done at a very well known bank and I guess he was distracted from their chadder.

howard loewenstein

13 May 2017

Can a lawyer who is also a notary who was involved with the case, sat in on its meetings and pretty much held the meeting at his office was there and was involved and had all to do with this meeting with other town officials be the one to notarize this or any document directly involved with this meeting ? it was a meeting to extend someones initial work probation and he was the person leading the meeting and then when the paperwork was drawn up for signatures of parties.... he was the one who notarized this in 3 spots on the stipulation agreement. IS THIS PERMITTED????? i dont believe this is legal as a notary myself. PLEASE HELP.

National Notary Association

15 May 2017

Hello. We're sorry, but so that we can provide you with correct information can you please tell us what state the Notary was commissioned in?

Patti Sienko

01 Jun 2017

I'm not sure if my question was transferred to you so I'll re-submit. Can I forward NNA requirements to someone that is not a notary?

National Notary Association

01 Jun 2017

Hello Patti. What "NNA requirements" are you referring to, please?

Patti Sienko

01 Jun 2017

I am a Realtor® and a Notary. Question: Can I be employed as an independent Notary at a Title Company as long as I (of course) NEVER notarize my own Real Estate Transaction as that would be a Conflict of Interest. Answer needed before I accept this position. Thank You. Patti

National Notary Association

01 Jun 2017

Hello Patti. Could we ask for a couple of clarifications, please? When you say "independent Notary," do you mean working as a Notary Signing Agent? Also, can you please tell us what state you are commissioned in?

Paul .M

12 Aug 2017

is it legal for a person who works for a lawer, but is not a lawer herself, sign and notarize as /for power of attorney?

National Notary Association

14 Aug 2017

Hello. We're sorry, but we cannot answer legal questions regarding the preparation of powers of attorney. You would need to speak with a qualified lawyer for assistance.

Sara H

05 Sep 2017

I'm from FLorida Can I work as Real Estate Agent and Independent NSA and the same time? Thank you!

National Notary Association

05 Sep 2017

Hello. Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Florida.

Leanne Hendricks

07 Sep 2017

Your article states, "If a California Notary is asked to notarize a signature for a document granting power of attorney that relates to real estate, the Notary must obtain the signer's thumbprint for their journal entry." However, I believe a thumbprint is required if the document to be notarized deals with real estate (with a few exceptions) OR if it is a power of attorney document being notarized. It doesn't need to be a "document granting power of attorney that relates to real estate." The CA Notary Public Handbook states, "If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document affecting real property OR a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal." (emphasis added)

National Notary Association

08 Sep 2017

Thank you Leanne. We've corrected the information in the article.

Robyn

13 Sep 2017

How can the attorney in fact sign without the principal signing, giving permission for them to have POA?

Jovanna

08 Jun 2018

Can an attorney in fact sign trust documents ? State of California.

National Notary Association

11 Jun 2018

Hello. We're sorry, but we're not clear what it is you are asking from your comment. Are you asking if an attorney's signature can be notarized on a trust document, or are you asking if an attorney is permitted to notarize a trust document?

Sab

19 Sep 2018

Can a company request a client to sign a Limited Power of Attorney but not be present during notary?

National Notary Association

20 Sep 2018

Hello. If the company is asking the Notary to notarize the client's signature without the client being present, the answer is no. Failing to require personal appearance by the signer could result in serious legal and financial consequences for the Notary. See here: https://www.nationalnotary.org/notary-bulletin/blog/2016/09/10-steps-notaries-avoid-being-sued

JOE

07 Nov 2018

State of California Mortgage Document has borrower Joe & Jon. Joe signed for himself & for Jon as Attorney-In-Fact. For the Notary Acknowledgment section in the "Personally Appeared" section should it only list Joe or should it lists Joe & Jon.

National Notary Association

07 Nov 2018

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Julian

10 Nov 2018

In NY State, does the language state "power of attorney for" or is it just state the name of the person named in the document for which the POA is signing? Thank you

National Notary Association

14 Nov 2018

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Jacqueline Rippo

04 Feb 2019

In NJ, if you sign as attorney in fact on a Deed, the POA must be recorded with the Deed. Only a Mortgage doesn't need the POA to be recorded with the Mortgage, but the POA must state this is given for the property in question. A General POA, once recorded, can be used for all transactions, even disability issues. Thought this should be noted.

Nawal O Antoin

04 Feb 2019

Does the document “Powe Of Attorney “ need to be recorded in order to be valid?.

National Notary Association

05 Feb 2019

Hello. That is a legal question that would need to be answered by a qualified attorney.

Mary Lou Stewart

05 Feb 2019

IN THE STATE OF OKLAHOMA, IS A HOLOGRAPHIC WILL LEGAL WITHOUT A NOTARIZED SIGNATURE?

National Notary Association

05 Feb 2019

Hello. That is a legal question that would need to be answered by a qualified attorney.

Jimmy Maisonet

06 Feb 2019

If a person is placed in jail and has a bond and using his owned home in Puerto Rico is used as collateral to bond out can I notarize a affidavit surrendering the deed?

National Notary Association

06 Feb 2019

Hello. If you are asking whether or not a notarized document would be appropriate for this situation or not, we're sorry, but that is a legal question that would need to be answered by a qualified attorney. However, if you are asking if such a document may be notarized, it would depend on whether the requested notarization is permitted in your state and if the notarization meets all requirements of your state's Notary laws.

tim petty

18 Jun 2019

Can a lawyers wife be a notary in his office and notarize documents draws up.

National Notary Association

19 Jun 2019

Hello. To help us answer this question, what state is the Notary commissioned in?

Sincerae Walker

21 Aug 2019

Hello Notary family I have my first POA and I have a question(second guessing myself)....... I have a sister attempting to gain POA of her brother who’s hospitalized. POA has already been signed by the principal, agent and witnesses. Everyone who has signed still has to appear before me in order to perform the notarial act, correct?

National Notary Association

22 Aug 2019

Hello. Anyone whose signature you are notarizing must appear in person before you.

Zachary Louis Bohner

22 Dec 2019

Revoke power of attorney application for notary. I Need the application form for the revoke power of attorney. How Can I get the Official legal paperwork to take to notarize. Please give me the information I need to complete this revoke power of attorney application form and I will have them notarized and I need a copy of a Will form to Cancel my Will.

National Notary Association

23 Dec 2019

Hello. We're sorry, but the services you are requesting cannot be provided by a Notary. You will need to contact a qualified attorney for assistance.

Lissette Navas

05 Feb 2020

I reside in New York and so does my mother, we did a power of attorney and the person who notarized it is a notary from New Jersey...is the Power of Attorney valid in the state of New York?

National Notary Association

06 Feb 2020

Hello. We're sorry but that is a legal question that would need to be answered by a qualified attorney.

Patti Shannon

06 May 2020

I'm so confused I believe I have power of attorney over my son I have the paperwork and it has been notarized but after the notary signed and stamped it she said to me where it says in witness whereof I have on the 6th day of May 2020 executed this General non durable power of attorney where it says principles signature and principles printed name my son's sign those and printed his name is that correct or should I have signed my name with his name

National Notary Association

07 May 2020

Hello. We apologize, but those are legal questions that require a qualified attorney to answer.

Adrianna

01 Jun 2020

I work in a jail, there is someone currently in custody requesting yet another POA for someone new. I have done 5 for different people and she has not revoked any of the previous ones she issued. She states she is issuing a new one because the person who has the last one is attempting to take more than she wants her to. Is there a limit to how many POA 's I can notarize for the same person?

National Notary Association

02 Jun 2020

Hello. No. As long as each notarization request is a valid act you are authorized to perform and each request complies with your state's Notary laws, there is no limit on the number of notarizations you may perform for a particular individual.

Cheryl Gee

23 Jun 2020

In California, based on the above scenario you gave us, how does one tell if in fact the person truly has Power Of Attorney? Do we require a document from the absent client? How can we tell if the person claiming POA, is doing this for fraudulent purposes?

National Notary Association

26 Jun 2020

Hello. As stated in the article, California does not require Notaries to verify a signer's representative status.

Bruno

03 Sep 2020

Is it fine to notarise a power of attorney of a person who is next of kin and she is a refugee, a minor, or other who can't make decision on their own.... making it online in different countries. ..? I need your help please thanks

National Notary Association

04 Sep 2020

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Brit

17 Nov 2020

Virginia - Do I have to have a copy of the signers ID for the US Patriot act if there is an attorney in fact? Or only the attorney in fact ID? I have one Patriot Act for the Attorney in Fact and another for the person she is signing for (her mom). Mother won't be present as she lives in NY.

National Notary Association

18 Nov 2020

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Michelle Potter

12 Dec 2020

I am in Arizona a son has power of attorney for his mom. They are need to sell mom's car with an Ohio title. Can the son sign the title and I notarize his signaturem? Does he sign his name as attorney in fact for mom's name ? The mom no longer has the mental abilities to know what she is signing.

National Notary Association

15 Dec 2020

Hello. The son would need to contact the motor vehicle department in the appropriate state and ask for instructions how to proceed with the notarization.

nhorizonbc@comcast.net

26 Jan 2021

Tennessee - An adult son in TN says he has POA for mom in Florida, but she has misplaced the docs. He needs to sign for her concerning insurance docs for a wrecked vehicle in TN. Do I need to see the POA doc in order for me to notarize for him? Does he sign his name or her name? Or his name and add that he's signing for her as POA? Thanks for your help!

National Notary Association

26 Jan 2021

Hello. Tennessee does not require Notaries to request proof of a signer's power of attorney status. However, it is a recommended practice to note if someone is signing as attorney in fact for another party in your Notary journal entry. For general examples of notarizing the signature of an attorney in fact, please see the section "How do I notarize the signature of someone who has power of attorney?" in the article above. If the attorney in fact is requesting an acknowledgment, please note that Tennessee has specific Notary certificate wording for an acknowledgment by an attorney in fact under (TCA 66-22-107[c]).

Andrea

24 Mar 2021

Hi, I am POA for both of my parents. My father has had to be placed in a rehabilitation center for his crippled hands and feet from severe rheumatism. I have to get something notarized for him but his hands can barely hold his pen to make his mark. The problem I am having this year is due to the very strict covid restrictions in these facilities. My dads facility will not allow any contact other than by his his outdoor room window and they will not even crack that window for him to hear me. I know they will not allow me to come in to get him to sign this form either. With my being POA, do I have the authority to sign this for him without his presence and him having to worry with this? Covid restrictions make things like this very difficult, are there ways to help a POA better deal with this?

National Notary Association

31 Mar 2021

Hello. We're sorry, but any legal questions about the authority a POA grants you would need to be answered by a qualified attorney.

jmcelhenny476@ptd.net

07 Apr 2021

was called to notarize a power of attorney but from what I was told the one that has the power of attorney wants to put someone else on how. can I handle this I'm in Pennsylvania

National Notary Association

08 Apr 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Jonathon Davis

09 Apr 2021

In the state of Florida, are the two witnesses on a Durable Power of Attorney required to appear before the notary, or just the principal.

National Notary Association

09 Apr 2021

Hello. Any legal questions regarding notarization requirements for witnesses on a power of attorney document would need to be answered by a qualified attorney.

Erica Q.

24 May 2021

Thank you so much for featuring this article in this week's newsletter as I have my first signing with POA verbiage on Wednesday! I couldn't figure out how to complete my certs so this was vert helpful!

Andrea

24 Jun 2021

In California - Does a notary use the attorney in fact verbiage after the POA’s name on an acknowledgment or jurat certificate? Or is it always the name on the ID?

National Notary Association

01 Jul 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Leah Jewell

12 Jul 2021

Can I notarize a power of attorney for the wife of a man that is already incapacitated and cannot sign nor be present? I am in Arizona. Thank you.

National Notary Association

14 Jul 2021

Hello. You cannot notarize the signature of an individual who is incapacitated and unable to sign.

SigSavvy@outlook.com

27 Aug 2021

How does a person sign as attorney of fact signature line

National Notary Association

27 Aug 2021

Hello. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2014/09/four-questions-notaries-powers-attorney

Luis zayas

18 Sep 2021

My mother has dementia I have power of attorney for her behalf can I have a document signed by a notary using the power of attorney

National Notary Association

23 Sep 2021

Hello. We're sorry, but any legal questions regarding the authority granted by your power of attorney would need to be answered by a qualified attorney.

Carla

09 Dec 2021

NJ- hello I had a POA request and not sure how to proceed . POA drafted by NY attorney where the mother is the principal and two daughters are agents. Both principal and 1 daughter resides in NY and already signed and notarized their signatures- the NJ sister is asking me to notarize her signature . Am I able to do so since principle is not in present?

National Notary Association

09 Dec 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with additional information about the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Paula McGowen

04 Apr 2022

Someone else started a political petition to get signatures to get on the Ballot for Election in the Primary. He gave it to a lawyer to finish the rest of the signatures, the Lawyer had it notarized & she signed it under oath. The lawyer is now on the Ballot. U found out the first 2 signatures were signed by tomorrow he first person taking the petition around, Not the lawyer.

Susan Bishoff

16 May 2022

What do you do if an individual states they are the other person's guardian? Do you treat it the same as a POA, and do they sign the same way. I am asking about someone who is the guardian of their autistic sister. I live in WV.

National Notary Association

18 May 2022

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Judy Jackson

17 May 2022

Following is the question of an NSA and response from NNA (my question is at the end): Sara H05 Sep 2017 I'm from FLorida Can I work as Real Estate Agent and Independent NSA and the same time? Thank you! National Notary Association05 Sep 2017 Hello. Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Florida. My Question: Can this Real Estate Agent notarize any document where they would benefit; ie. commission on sale of property? Thanks for clarification.

National Notary Association

18 May 2022

Hello. In Florida, “A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law” (FS 117.107[12]).

YS

18 May 2022

Can you update the section with "Do I need to ask for proof of the attorney in fact's authority?" Idaho, Minnesota and Montana do not require written proof (haven't reviewed the laws in the other states)

National Notary Association

02 Jun 2022

Hello. IDAHO: The notary should determine the type of authority to sign for that person or entity in this particular transaction. Idaho Code §51-116(2) specifies that an acknowledgment in a representative capacity must be completed with the name of the signer, the type of authority, and the name of the party or entity on whose behalf it was signed. (NPH pp 16 - 17) MONTANA: The notary should determine the capacity of the person to sign on behalf of the person or entity, and the authority to sign for that person or entity in this particular transaction. Montana Code Annotated §1-5-610(2) specifies that such notarial certificates must be completed with the name of the person who signed the document, the capacity in which it was signed, and the name of the party or entity on whose behalf it was signed. MINNESOTA: There is no law that addresses it either way. We will update the article to reflect this.

YS

02 Jun 2022

That's incorrect. Nothing in the cited provisions is unique. They are both the standard language of section 16 of RULONA which is in numerous other states' laws and simply requires the certificate to say that the person is signing in a representative capacity and the name of person on whose behalf they are signing. There is nothing in those provisions about how the notary must confirm or double check that the signer is actually telling the truth about their representative capacity bc it's not the notary's responsibility. The article is likely based on what used to be the law in those states before they adopted RULONA (both states adopted it in 2019/2020).

drveronicaoutlaw@gmail.com

11 Jun 2022

A son lives in Jacksonville, Florida. The mom lives in Starkville, Mississippi, which is where I am a commissioned notary. The son wants to mail the Power of Attorney paperwork to me. I am to meet with his mom, who is in my town (MS), to have her sign it and I notarize her signature. He wants me to mail the POA back to him so that he can take it to a local notary to sign the POA while he is present. The mother is authorizing the POA to her son so he can manage her affairs. Is this permissible?

National Notary Association

22 Jul 2022

Yes, this is permissible. This is called a split signing. Once you Notarize the signature of the mother, it can be sent to the other signer in Florida where his signature can be Notarized. You can, if you wish, receive and mail out the documentation, but you are under no obligation to do so. In handling the mailing of the documents you would not be acting as a Notary during that activity. In mailing and receiving the documents there might be some lability involved, so you should contact a lawyer or other legal official to verify any liability involved.

BWA

22 Nov 2022

Does a power of attorney and the Specimen Signature And Acceptance Of Appointment have to be signed by the same notary on the same day in Florida?

National Notary Association

28 Nov 2022

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Cindy Wagner

28 Dec 2022

As a notary in PA, I have a customer that would like me to notarize several copies of a generic POA Affidavit in case they would need them in the future. Can I do this?

National Notary Association

10 Jan 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Charlene Witzke

27 Feb 2023

Hello. Question relates to a California Notary. I received a request from a friend whose mother needs a limited Power of Attorney. The mother's son will be the Power of Attorney for the mother's finances. I know to confirm the mother's ID but would the son also need to provide a valid ID?

National Notary Association

06 Mar 2023

Hello. If you are notarizing the son's signature, the son is required to provide satisfactory proof of identity for the notarization.

Melisa

25 Mar 2023

Hi, I have a question about the Florida Limited Power of Attorney document. The "Principal" is located in MI and the "Agent" is in FL. For the SPECIMEN SIGNATURE AND ACCEPTANCE OF APPOINTMENT section, does the form need to be notarized by the same notary or can it be a different notary? Thank you!

National Notary Association

27 Mar 2023

Hello. We're sorry, but that is a legal question that would need to be answered by an attorney.

Julia Familia

27 Mar 2023

Hi , I m Julia Familia Notaries Public for Massachussettss. I Will Happy anyone. provee information about Group of Public Notary in Massachussettss. Thanks

cspears@basinpbs.org

08 May 2023

Hello, I am just wondering if there are any specifics for notarizing a signer with power of attorney here in Texas? Thank you for any help!

National Notary Association

22 May 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Susan Fraze

08 May 2023

Good information. Pretty much common sense but I value the confirmation!

Dulce

26 May 2023

Hi there 👋 So someone with POA over a friend has requested a document (lien release) to be notarized. My question being : would the principal have to be present for sed signing? Could the person with the POA sign this on their behalf and be done without the principle present? I’m in the state of AZ and would love to know what can be done in this case (:

National Notary Association

30 May 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Beth A Boren

28 Jun 2023

If my name is on a POA as secondary and I have never seen the paper or signed can at be notarized?

National Notary Association

30 Jun 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Stormy Tuttle

16 Aug 2023

If I am a POA for someone, and they are signing a document that does not have anything to do with me, can I notarize their signature?

National Notary Association

21 Aug 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Johnnie Berry

17 Aug 2023

I am a Notary Public in Washington State. I will be conducting a signing that has an attorney in fact or POA. Do I need to verify identity for the attorney in fact and the principal? What can be used to verify the ID of the principal, if required? Do I need to get a copy of the POA to include in the package (home purchase)?

National Notary Association

21 Aug 2023

Hello. A person signing in a representative capacity in Washington state must declare to the Notary that he or she signed the record with proper authority and signed it as the act of the individual or entity identified in the record (RCW 42.45.010[1]).

Lloyd LeBlanc

09 Nov 2023

Hello, I ask this in the context of a Texas Notary: If a jurat is: A written notarial certificate that accompanies a sworn statement or affidavit. It attests that the document was signed and SWORN to (or AFFIRMED) by the signer in the presence of the notary public. And a Power of Attorney (POA) cannot take an oath on behalf of a principal. Then, does this mean a Jurat cannot be administered if the signer is signing as POA?

National Notary Association

13 Nov 2023

Hello. Please see the information in the section "What about jurats?" in the article above.

joshy joshjosh

15 Jan 2024

I've asked this question before, and no one -- not even several attorneys, the CA SOS, NNA, legal, mortgage, real estate agents, lenders, title insurance, notaries, etc, the very entities in the industry that handle this sort of stuff -- could answer this. If a POA of attorney when involving real property (in CA) valid without the notary journal line item? You can forged a signature, but you can't forge a thumbprint.

National Notary Association

19 Jan 2024

Hello. That is a legal question we are not authorized to answer. A qualified attorney would be required to answer if a power of attorney is legally valid or not.

monia

23 Jan 2024

can a notary llc employee sign/ notarize on behalf of that company ? example; jane doe on behalf of llc

National Notary Association

29 Jan 2024

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Leticiasnotary468@gmail.com

31 Jan 2024

Will a Power of Attorney that's in Spanish or any foreign language be valid in the US? Or do they have to be in English?

National Notary Association

01 Feb 2024

Hello. That is a legal question that wold need to be answered by a qualified attorney.

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