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Notary Bulletin

Hotline Tip: Handling A Jurat Request From An Attorney In Fact

NNA Hotline Tips For NotariesAm I authorized to perform a jurat if the signer is signing as the power of attorney? 

Since one person cannot swear on behalf of another person, performing a jurat is generally not permitted when a signer is signing with power of attorney on behalf of another individual. For example, a Notary cannot administer an oath to a signer by asking, “Does your mother swear that the statements on the document are true?” The Notary would need to receive the sworn testimony directly from the mother herself.

If such a request comes up, the signer should contact the issuing/receiving agency to determine how to proceed. If the agency will accept an acknowledgment instead, you may perform an acknowledgment and attach an acknowledgment certificate. Otherwise, you would need to decline the notarization.

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.

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST

 

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