[lorac]

My aunt notarized for her brother ( my uncle) to become Power of Attorney, In doing so he sold property that was deeded to me. My mom has alheimers but he said she asked him to sell it. He has the money from the sale and said my mom told him to keep it for me until she dies. I don't trust any of my moms family and my mom is clueless what is going on. I am renting from my aunt she wants me out end of march. I'm afraid to cause problems because she said she can have me out in 72 hours. Once I move out I will go for what's mine. ( I have the deed, and tittles to the mobile home but they don't know) Can I sue her for notarizing her brother? When I asked how she could do that (notarize) she said it wasn't real, I said it got done what you intended,( to sell) then I got the eviction notice. She is notary in California

[AK lawyer]

If I understand what you are saying, your mom was not mentally competent when she signed the power of attorney giving your uncle the power to sell the property. He then sold it, and is holding the money, supposedly to turn over to you after your mom's death.

I don't believe a notary is required to acertain the mental state of someone signing a POA before that notary. All the notarization proves is that the person signed it and swore that the statement being signed (the jurat or the acknowedgement) is true. Your aunt did that properly and therfore cannot be successfully sued, in my opinion.

You could, however, sue to have the conveyence of the property set aside if you can prove that your mother was incompetent at the time the POA was executed. You also, or alternatively, may be able to have the proceeds placed into some sort of a formal trust.

[lorac]

I was told that it is illegal for my aunt to notarize my uncle to become Power of Attorney to gain property. State of California. Is this true?

[J_9]

Yes, it is true. She has a vested interest in her brother. As a notary we are not allowed to notarize anything for family and/or friends.

[JudyKayTee]

I'm a notary - I am required to verify that the person claiming to sign the document is, in fact, that person by means of printed identification (such as a drivers license). Unless it's an acknowledgement (where a person signs that the document is true and correct to the best of his/her knowledge) I do NOT question the mental competency of the person signing nor do I swear the person in. In fact, I don't even look at the document - all I do is verify the signature.

In my State, unlike Florida where AKlawyer is located, a notary does not ask the person to swear that the statement is true - that is an acknowledgment and in a different category from a P/A.

[JudyKayTee]

You can in NY - I'm not saying it's a good idea but it's not against the "rules." I personally wouldn't do it because it opens the door to beneficial interest - as J9 said.

[J_9]

In MI, where I was a notary, we could not notarize documents for family members. This is apparently a law that is different in each locality. I may also mention that I was a notary over 10 years ago, so the laws may have changed.

[Emland]

http://www.sos.ca.gov/business/notar...dbook-2009.pdf

Conflict of Interest
A notary public is not prohibited from notarizing for relatives or others, unless doing so
Would provide a direct financial or beneficial interest to the notary public. With California's
Community property law, care should be exercised if notarizing for a spouse or a domestic
Partner.
A notary public would have a direct financial or beneficial interest to a transaction in the
Following situations (Government Code section 8224):
• If a notary public is named, individually, as a principal to a financial transaction.
• If a notary public is named, individually, as any of the following to a real property
Transaction: beneficiary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor,
Vendee, lessor, or lessee.
A notary public does not have a direct financial or beneficial interest in a transaction if a
Notary public is acting in the capacity of an agent, employee, insurer, attorney, escrow, or lender
For a person having a direct financial or beneficial interest in the transaction.
If in doubt as to whether to notarize, the notary public should seek the advice of an
Attorney.

[twinkiedooter]

In Florida when I was a notary I was not permitted to notarize anything for any family member and certainly not allowed to notarize something if I were to gain financially from it!

I would ask to see ID and note the same in the jurat section and then swear the person is indeed that person and then have them sign the document and then I would affix my seal and sign accordingly.

Any relative such as brother, father, husband, wife, mother, sister, aunt, uncle, son, daughter, cousin, grandfather, grandmother, grandson, granddaughter was out of the question for me to notarize the document.

As far as competency is concerned I would never question the person's competence - just acknowledge that this person is indeed the person that swears that they are the person who has presented photo id to me.

I never read the documents that I notarized (unless I had prepared them that is).

It is best that the notary not stray from the practice of not notarizing for their relatives. Friends, OK. Relatives not a good idea as possibly the notarization or document could be challenged in a court of law and possibly be thrown out.