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Misconduct/Fees

A client asks a California notary public to draft a power of attorney document for them and advise them on which type to use. What must the notary do?

A

Advise the client on document type only, but not actually draft the document.

B

Draft the document, since notaries are authorized to prepare common legal documents.

C

Decline both tasks and refer the client to an attorney. Preparing, drafting, selecting, or giving advice about legal documents constitutes the unauthorized practice of law.

D

Complete the tasks if the client signs a written waiver acknowledging the notary is not an attorney.

Correct Answer

C. Decline both tasks and refer the client to an attorney. Preparing, drafting, selecting, or giving advice about legal documents constitutes the unauthorized practice of law.

AI Explanation

Practicing law is prohibited for California notaries. The California Notary Public Handbook states that notaries are prohibited from performing any duties construed as the practice of law, including: preparation, drafting, or selection of any legal document, or giving advice about legal documents or matters. When asked to perform such tasks, the notary must decline and refer the requester to an attorney.

Misconduct/Fees Question #312
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