Hotline Tip: Question Regarding A Power Of Attorney Notarization

I just watched the NNA’s Webinar on Powers of Attorney and Attorneys in Fact, and I have a question regarding a specific signing scenario: Say I have a loan document, and a person with power of attorney appears before me to sign. He or she signs their name and also signs the other borrower’s name as attorney in fact, along with their name. In the notarial section, do I leave both names and notarize, or do I remove the name of the person that did not appear? — J.P., Warrenton, VA

You will be notarizing one person’s signature twice, once for themselves individually and once as attorney in fact for another individual. We recommend completing a separate individual and attorney in fact acknowledgment in this scenario. The statutory individual and attorney in fact acknowledgment certificates contained in the Code of Virginia appear below. You should only include the name(s) of the person/people who are in front of you. If an individual’s name is on the notarial certificate and he or she is does not appear in front of you, you must cross out their name on the notarial certificate.

For an individual acting in his own right:

Commonwealth of Virginia

County/City of _______________________

The foregoing instrument was acknowledged before me this _________ (date) by

___________________________________ (name of person acknowledged).

______________________________ (Signature of Notary) (Notary Seal)

Notary registration number:_________________

My commission expires:____________________

For an individual acting as principal by an attorney in fact:

Commonwealth of Virginia

County/City of _______________________

The foregoing instrument was acknowledged before me this _________ (date) by

______________________________ (name of attorney in fact) as attorney in

fact on behalf of__________________________ _________ (name of principal).

______________________________ (Signature of Notary) (Notary Seal)

Notary registration number:_________________

My commission expires:____________________

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. –The Editors

Kelle Clarke is a Contributing Editor with the National Notary Association.