I am notarizing a signature on a power of attorney. The signer’s driver’s license has expired and was not issued within the last five years. The document calls for signature witnesses, and I am supposed to notarize the signatures of those witnesses as well. Can these signature witnesses also serve as credible witnesses to identify the elderly signer? — M.G., California
No. Because the witnesses’ names appear on the same document, they cannot truthfully swear or affirm that they are not named in the document (see Civil Code Section 1185[b][1][A][v]).
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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