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Notary Bulletin

How Do I Notarize A Power Of Attorney?

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I have not notarized a Power of Attorney before and would like some information concerning how to notarize one correctly.C. M., Colorado

You handle a power of attorney that requires notarization like any other document. You must require the signer (called the principal) to be physically present, identify this signer according to Colorado law and complete a full journal entry for the notarization.

Colorado law requires all documents to be complete, so you must check for any blank spaces before you notarize the document. According to the Secretary of State, you also should assess the signer’s “competence” or understanding of the document as well as their willingness to sign it.

Most powers of attorney will have a preprinted notarial certificate. If the document has one, read the certificate to determine whether you must perform an acknowledgment or a jurat.

If by chance the power of attorney does not have a notarial certificate, you must ask the signer to tell you whether to perform an acknowledgment or jurat. You may briefly describe these two notarial acts and show the signer sample certificate forms for each, but then the signer must direct you which to perform.

Take your time so that you follow these tips. Powers of attorney are important documents with potentially life-saving consequences.

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

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.

Related Articles:

How To Handle A Notarization Involving An ‘Attorney In Fact’

5 Steps To A Proper Notarization

A Notary’s Role In Preventing Elder Financial Exploitation

Additional Resources:

NNA Webinars: Commonly Asked Questions

Notary Essentials

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02 Oct 2018

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