Can I notarize a power of attorney written in a foreign language?

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Can we notarize a power of attorney in a foreign language? — M.C., Virginia

Virginia law does not expressly prohibit the Notary from notarizing a document in a foreign language. However, the danger in notarizing a foreign language document is that the document could be misrepresented to the Notary.

The best option is to refer the signer of a foreign language document to a Notary who understands the language in which the document is written. If that is not possible, the Notary should only proceed by completing an English-language notarial certificate.

These tips pertain only to foreign-language documents and not foreign-language signers. Though Arizona, Colorado and Mississippi permit using interpreters during notarizations, in most jurisdictions the signer and Notary must be able to communicate in the same language without reliance on a translator.

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

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

6 Comments

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Rodney D Britt

21 Jan 2025

Hello. Can a Notary Public in the State of MD use Biometrics to verify a signer's identity or are KBAs the only method approved in the State?

National Notary Association

24 Feb 2025

Notary law in Maryland does not specify whether or not biometrics may be used. Credential Analysis: “'Credential analysis' means a process or service by which a third party confirms the validity of an identification credential by a review of public or private data sources” (ACM St. Gov’t 18-201[d]). Identity Proofing: “'Identity proofing' means a process or service by which a third party provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (ACM St. Gov’t 18-201[h]). The law also specifies that KBA will be used as follows: “When necessary under § 18-214(a)(1)(iii) of this subtitle, identity proofing shall be performed through a dynamic knowledge-based authentication that meets the following requirements: ”(1) each remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity, formulated from public or private data sources; ”(2) each question must have a minimum of five possible answer choices; ”(3) at least 80% of the questions must be answered correctly; ”(4) all questions must be answered within 2 minutes; ”(5) if the remotely located individual fails the first attempt, the individual may retake the quiz one time within 24 hours; ”(6) during a retake of the quiz, a minimum of 40% of the prior questions must be replaced; ”(7) if the remotely located individual fails the second attempt, the individual is not allowed to retry with the same notary public within 24 hours of the second failed attempt; and ”(8) the notary public must not be able to see or record the questions or answers” (ACM St. Gov’t 18-223[c]).

Michelle Riesenberg

I am a notary in Iowa. I've come across documents that are double-sided with English on one side and a foreign language on the other. I don't believe that Iowa has a law pertaining to foreign language documents but I have not been able to verify in the Notary Law of Iowa manual that's available on the Secretary of State's website. Could you please confirm this? Thanks!

The State of Iowa does not have a law that addresses the notarization of foreign language documents. We recommend, as a professional standard of care, that the foreign language documents can be Notarized as long as the Notary certificate wording is in English. Additionally, the Notary should be able to carry on a conversation in the same language without the use of a translator. Also, the Notary should note in the Notary journal the language(s) in which the document was drafted.

Leticiasnotary468@gmail.com

31 Jan 2024

Are power of attorneys in a foreign language enforceable? Or do they need to be in English in order to be enforced?

01 Feb 2024

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

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