Can we notarize jurats for a signer acting as an attorney in fact for someone else? For example, can a person with power of attorney to sign documents on behalf of a principal sign the principal’s name in the Notary’s presence and take an oath or affirmation on the principal’s behalf? — K.T., Baldwin Park, CA
One person cannot swear an oath on behalf of another person. Consequently, performing a jurat is not permitted in a situation where the signer is signing as a representative of another individual. For example, a Notary cannot administer an oath by asking, “Does your mother swear that the statements in the document are true?”
The state of Illinois is an exception. Illinois permits a signer to make a “verification upon oath or affirmation” (a declaration under oath or affirmation that a statement is true) while acting in a representative capacity, according to page 23 of the Illinois Notary Public Handbook.
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
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