What is a Power of Attorney?
Before delving into the notary public’s role in POA document handling, you should learn the basics.
A Power of Attorney is a legal document that lets one person permit another person to make decisions for them. This can be about money, legal issues, or medical choices. To make sure it’s official and works correctly in New York, the document needs to be signed properly and notarized.
The Role of a New York Notary Public in This Process
The responsibility of a New York notary public is to:
Verify the Identity of the person signing the POA (usually the principal).
Witness the Signing of the document in your presence.
Administer an Oath or Affirmation, if applicable.
Complete the notarial certificate with accurate information.
Use your official seal and signature to authenticate the notarization.
Exploring the Steps Notary Public Follows to Notarize a Power of Attorney
Verifies ID: Confirm the person’s identity using a current, government-issued photo ID.
Confirms Willingness: Ensure the person is signing willingly and is of sound mind.
Witness the Signature: The principal must sign the POA in your presence.
Fill out the Notarial Certificate: This usually includes an acknowledgment or jurat, depending on the document.
Affixes Seal and Signature: Required by New York law on all notarized documents.
Key Takeaways for the NY Notary Exam
Know the difference between acknowledgments and jurats. Knowing this is not only essential for your exam but also for your future profession.
Understand the proper procedures for ID verification and witnessing signatures.
Be familiar with the format and requirements of New York’s statutory POA. Learning the requirements will help you answer all the questions related to this topic.
Never give legal advice or complete a POA form for someone.
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