Now that’s a Head scratcher!
It’s strange that scratching your head is a widely understood sign that you’re puzzling over something. No one’s exactly sure why we do that. Definition: something that is confusing, mysterious, or hard to understand
As a Notary, we have probably run into head scratchers more than once in our career. Sometimes it’s just because we are trying to figure out what our client wants in a notarization. But mostly we find ourselves asking; Can I notarize that? Sometimes we have to put on our detective hats and look at all the evidence one piece at a time remembering our state laws at the same time.
Let’s take a look at a few strange, head scratching scenarios here;
Can I notarize a copy of a birth certificate for a horse? (actual scenario presented at a 2019 Texas Notary conference) First let’s parse out the state notarial law for copy certification and let's say this is in Texas. State regulations say that notaries cannot copy certify Vital records and a birth certificate is a vital record. But does that law apply to birth records for horses? Some things are not so cut and dried because Texas says that the regulation does not extend to horses. So YES, you can perform a copy certification on a birth certificate for a horse…in Texas. Check your own state regulations for unusual specifics for a notarization. If it is determined that you cannot so this notarization in your state, perhaps you can have your client write out a statement about the birth certificate and you can notarize their statement instead.
A friend of mine died 2 weeks ago and left her horse trailer to another friend. He signed the title but did not have it notarized. They have the Death Certificate and want to transfer title now. Can I notarize that title since I know both of them? Again, we need to parse out state law for performing a notarization. Every state has a regulation that says the signer must appear in front of you either by ‘Physical presence’ or by means of ‘audio-video technology’. This person has already crossed over. I don’t believe we have yet developed the technology that can communicate with the dead…convincingly. Usually, an Acknowledgement certificate is what we find on vehicle titles. An Acknowledgement (in all 50-states) does not have to be signed in your presence. It could have been signed beforehand, like this scenario. But the signer would have to appear before you and ‘acknowledge’ that the signature is theirs and they signed of their own free will before you could notarize the trailer title. This person could not possibly do that last piece. NO, you cannot notarize this after the signer has passed away, so this will have to be distributed through the appointed Executor for the estate.
Son Johnny has POA for mother Carol. Johnny wants to use POA to put his name on the title to mom Carols’ home. During the signing Johnny states he’s really glad that you could meet him at his home because there is just so much to take care of now that Mom Carol has passed. First let’s talk about the POA and decide if this Power of Attorney allows him to use it for this purpose. If it’s a Limited Power of Attorney, it may not give him the power over Real Estate or if it’s a Financial POA, that would only apply to bank accounts and investments. But let’s assume he has a General POA or a Durable POA. He could use that type of POA to add himself to her home title. But there is another little problem. Mom has passed away and that makes the Power of Attorney null and void. NOPE – you cannot perform a notarization in this scenario. A POA cannot be used after the principal passes. The powers it gives to another person comes to an end at the death of the principal. The property will have to be distributed through probate or a Trust Estate Executor.
When faced with a tricky notarization, always fall back on your training and take it step by step. If a requirement is not met along the way, then you know you likely cannot do the notarization.
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