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Notary Bulletin

Hotline Tip: Power Of Attorney Notarization

NNA Hotline Tips For Notaries

I just watched the NNA’s Webinar on Powers of Attorney and Attorneys in Fact, and I have a question regarding a specific signing scenario: Say I have a loan document, and a person with Power of Attorney appears before me to sign. He or she signs their own name on the document, but also signs the other borrower’s name as attorney in fact. In the notarial section, do I include both names, or do I remove the name of the person that did not appear? J.P., Warrenton, VA

You will be notarizing one person’s signature twice, once for themselves individually and once as attorney-in-fact for another individual. We recommend completing separate individual and attorney-in-fact acknowledgments in this scenario. The statutory individual and attorney-in-fact acknowledgment certificates contained in the Code of Virginia appear below. You should only include the name(s) of the person/people who physically appears in front of you. If an individual’s name is on the notarial certificate and he or she does not appear in front of you, you must cross out their name on the notarial certificate.

For an individual acting in his own right:

Commonwealth of Virginia

County/City of _______________________

The foregoing instrument was acknowledged before me this _________ (date) by

___________________________________ (name of person acknowledged).

______________________________ (Signature of Notary) (Notary Seal)

Notary registration number:_________________

My commission expires:____________________

 

For an individual acting as principal by an attorney in fact:

Commonwealth of Virginia

County/City of _______________________

The foregoing instrument was acknowledged before me this _________ (date) by

______________________________ (name of attorney in fact) as attorney in

fact on behalf of__________________________ _________ (name of principal).

______________________________ (Signature of Notary) (Notary Seal)

Notary registration number:_________________

My commission expires:____________________

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) 876-0827Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST

 

Comments

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Gaye Giorgi

24 Nov 2014

I am a car dealer and do the motor vehicle work for the customers. When the title comes in someone needs to sign it on the behalf of the customer or the customer has to come back in and that can be a pain. I am a Notary, can I also be their Power of Attorney for the DMV work on their behalf?

National Notary Association

24 Nov 2014

Hello Gaye, So we can be sure you get the right information for your jurisdiction, can you please tell us what state you are commissioned in?

1004332@nna.org

10 Mar 2014

this hotline tips area is TERRIFIC. Thank you NNA. You are the best!!!!!!!

lsherden

27 May 2014

Thanks lsherden - we appreciate the feedback! ~NNA

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