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Notarial Acts/Documentation

A notary is asked to notarize a California statutory form Power of Attorney. The document lacks a notarial certificate attached. The client asks the notary which certificate to use. How should the notary proceed?

A

Ask the signer which certificate they prefer, and if they do not know, advise them to consult the agency receiving the document or an attorney.

B

Refuse the notarization because the document is incomplete.

C

Attach a Jurat, as powers of attorney require the principal to swear under oath.

D

Attach an Acknowledgment, as powers of attorney always require an acknowledgment.

Correct Answer

A. Ask the signer which certificate they prefer, and if they do not know, advise them to consult the agency receiving the document or an attorney.

AI Explanation

Choosing the certificate. A notary public cannot determine which type of notarial certificate is required for a document. If the document doesn't have a pre-printed certificate, the notary must ask the signer. If the signer doesn't know, they must ask the receiving agency or an attorney. The notary cannot make this legal decision.

Notarial Acts/Documentation Question #103
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