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Special Situation: Notarizing For a Person Who Signs with Power of Attorney

posted May 29, 2016, 4:05 PM by AG Pro Serve Intl.

Another situation notaries may face is when Y presents a document to be signed by X, but also states that he or she has the power of attorney for X.

Do notaries need to check if Y is saying the truth?

No, that’s not part of notaries’ duties. They should require identification as usual and look for the notarial certificate they need to do or ask the signer to indicate. However, if you work as a notary for someone, you may need to request a copy of the POA for your employer’s file.

In FL and in cases like this, the person may sign in two ways:

  1. Y as attorney-in-fact for X
  2. X by Y, attorney-in-fact

The first way is preferred though.

Note the capacity of the signer in the notarial certificate; use a notarial certificate for an acknowledgment in a representative capacity.

FL Governor’s Reference Manual for Notaries – For a Person Signing with Power of Attorney p.40

by Alessandra Jackson

AG Pro Serve Intl.