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

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Am I authorized to perform a jurat if the signer is signing as an attorney in fact? 

As a general rule, a signer acting as attorney in fact can take an oath or affirmation in his own name, but may not do so in the name of another person. For example, a Notary cannot administer an oath to a signer by asking, “Does your mother, Jane Smith, 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 1-888-876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.​

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