Notario Publico?

Notario Publico?

A Notary Public in California is forbidden from using the term “Notario Publico” or “Notario” in describing their services. In some countries the services of a Notary Public are synonymous with that of an Attorney – someone who can render legal advice. However, in California a Notary Public is not by default an attorney, and must be careful never to render legal advice. While it is possible that your attorney is a Notary Public, you should not assume this to be the case.

If a Notary Public in California is caught advertising using either Notario Publico or Notario, they are subject to having their Notary Public Commission revoked for 1 year on the first offense and permanently revoked upon the second offense. Because the consequences are so severe, you should never see a Notary Public in California using these terms.

This is not to say that the Notary Public can not notarize documents in Spanish or a language other than English. There is no problem with a California Notary Public notarizing a document written completely in Spanish or any other language. Nor does the Notary Public need to read or understand the language the document is written in. You may present a document written in any language to California Notary Public for notarization, provided that you can truthfully indicate to the notary that the document is complete.

If you ever have questions about the legality of any action or advice given by a California Notary Public you should contact the Secretary of State Department who is responsible for the commissioning of all Notary Publics. The Secretary of State  maintains an informational website at http://www.sos.ca.gov/business/notary/

FAQ: The Notary Stamp On My Document Expired – What Do I Do Now?

FAQ: The Notary Stamp On My Document Expired – What Do I Do Now?

When a Notary Public is commissioned by the Secretary of State in California, they are given a commission to notarize documents for 4 years. One of the more common documents that Notary Public may come across in their day to day  duty is the POA or DPOA (power of attorney or durable power of attorney). This is a document that maybe used for years or even indefinitely. If your power of attorney document was notarized by a Notary Public near the end of their commission term, it’s likely that at some point you may have an active and valid power of attorney document that has been stamped by a Notary who’s commission has expired. The obvious question remains, is the document still valid?

Yes, the document is valid as long as the Notary Public who completed the signature notarization was actually a bonded and active Notary Public at the time the document was stamped. If they were not bonded or were not a commissioned and active Notary Public, then they have committed fraud, but that is another issue.

The document remains valid, even though the Notary Stamp shows that the commission has expired. I have found that when documents notarized in California are sent overseas (India is one example), often times the receiving agency will reject the California notarization if the Notary’s commission has expired. Because of this, if you are sending documents overseas, you may wish to ask your Notary Public how much time remains on their current commission before utilizing their services.

Stop! Don’t Notarize that Will

Stop! Don’t Notarize that Will

Thinking about death isn’t such a pleasant thing – but being prepared for it is. Part of that process is making sure that you have an updated and accurate Last Will and Testament. Because there are many legal resources available online for low or no-cost many people will choose to prepare their own Will and Testament to save a few dollars, rather than paying an attorney. It seems like the obvious thing to do, once the Will is complete, it should be taken to a Notary Public so that it can be notarized to “prove” the intentions of the signer.

As part of the comprehensive training that all California Notary Public’s go through now, I will ask you to seek the council of an estate planning attorney before requesting me to notarize your Will. An improperly created Will that is notarized can in face be null and void.  While I can not provide you with ANY legal advice, I will only notarize your Will if you give me specific directions that your attorney has instructed you to do so. If you seek to have your Will notarized, you should be able to provide your notary with the name, address and phone number of the attorney who advised you to seek notarization of your Will. Only then should a California Notary Public proceed with the notarization process of your Last Will and Testament.

Even Attorney’s Need A Notary Sometimes

Even Attorney’s Need A Notary Sometimes

Today was a busy day – my phone kept  ringing off the hook with folks looking for a notary to come help them with their documents. It’s like that a lot in the mobile notary business – when it rains it pours! I’m not sure why this is – perhaps everyone was trying to finish up all their outstanding business before heading out to enjoy the 4th of July Holiday weekend?  But what ever the case – I always try to help as many clients as I possibly can.