may the powers of attorney be with you library/nna/webinars/powers-of-attorney.pdfpower of attorney...
TRANSCRIPT
May the Powers of Attorney
Be with You
February 2013
Topics We Will Address Today
• Commonly asked questions regarding
notarizing powers of attorney
• General guidelines so you’ll know just
what to do in similar situations
Scenario
Mary S. Anderson brings in a document to
have notarized. Her signature includes her
name plus the title Attorney in Fact. What
should the Notary do?
Signature: Mary S. Anderson, Attorney in Fact_
What is a power of attorney?
• A legal document that authorizes a
person to act on behalf of someone
• What a power of attorney can be used for
Healthcare
Finances
Real Estate
Answer
What is the Notary’s role?
• Properly notarize the signature on the
document.
• The Notary is not allowed to explain the
contents of the POA.
Answer
Whose signature is being
notarized?
• Using our scenario, it is the attorney in
fact’s signature being notarized:
Mary S. Anderson
Answer
• If it’s an original power of attorney, it would
be the principal’s signature being
notarized: John R. Burns
Answer Cont’d
How would an attorney in fact sign?
• Just like on any other document
• The signer should ask the issuing or
receiving agency how to sign if unsure
Answer
Possible POA Signatures
• John R. Burns, by Mary S. Anderson,
attorney in fact
• Mary S. Anderson, attorney in fact for John
R. Burns, Principal
Do I need to see the power of
attorney?
• Depends on your state’s
laws
• A few states require it but
most do not
Answer
What if there is no certificate or
notarial wording?
Answer
• Usually the wording is pre-printed on the
document — read it carefully to make sure
it complies with your state’s laws
• If there is no such wording, you must ask
your signer to tell you which notarial act to
perform
What name goes on the certificate?
Answer
• The name of the person appearing before
you
• The following two slides are two examples
Principal Signer
The instrument was acknowledged before
me by John R. Burns (name of person)
Personally appeared before me
John R. Burns (name of signer)
Attorney In Fact Signer
The instrument was acknowledged before
me by Mary S. Anderson (name of person)
Personally appeared before me
Mary S. Anderson (name of signer)
What should the journal entry look
like?
Sample Journal Entry
February 22, 2013
John Burns 333 Park Place Anytown, USA
Acknowledgment
John R. Burns
Power of attorney 1-3-13
VA DL #T16700185 Exp. 7/15/2017 VA DMV
Named, Mary S. Anderson as attorney in fact
$0
At my office
Sample Journal Entry
February 22, 2013
Mary S. Anderson 444 Smith Street Anytown, USA
Acknowledgment
Mary S. Anderson
Medical Release 2-22-13
VA DL #T16830184 Exp. 2/15/2016 VA DMV
Attorney in fact for John R. Burns $0
At St. Jude’s Hospital
Summary
Don’t let the type of document confuse you.
The Notary’s job is to perform all of the steps
in the notarization process — that’s it. Keep
that in mind and it’s simpler than you think.
Connect with the NNA and other Notaries through our social media channels!
Stay updated on the latest NNA events, news and best practices.
facebook.com/nationalnotary
twitter.com/nationalnotary
linkedin.com/company/national-notary-association
Q & A For further information, contact:
1-888-876-0827 Hotline Counselors are available to assist you
Monday-Friday 5:00 a.m-7:00 p.m., PST
Saturday 5:00 a.m.-5:00 p.m., PST
Webinar Archives at:
http://www.nationalnotary.org/webinar-archives/index.html
Questions?