Bay
Area Notaries
of
San Mateo County,
California
Notary Definition and frequently asked questions
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Q. |
How
does a Notary identify a signer? |
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| A. |
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Q. |
May
a Notary give legal advice or prepare legal documents? |
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A. |
Absolutely
not. A Notary is forbidden from preparing legal documents or acting
as a legal advisor unless he or she is also an attorney. Violators can
be prosecuted for the unauthorized practice of law, so a Notary cannot
answer your legal questions or provide advice about your particular
document. |
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Q. |
Can
a Notary refuse to serve people? |
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| A. |
Only if the Notary is uncertain of a signer's identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer. A Notary, however, must be able to communicate in the SAME language as the client or customer - NO translator is allowed. | ||
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Why
would I need a Notary Public?
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A
Notary Public is a public servant appointed by state government to
witness the signing of important documents and administer oaths.
Documents are notarized to deter fraud and to ensure they are properly
executed. An impartial witness (the Notary) identifies signers to
screen out impostors and to make sure they have entered into agreements
knowingly and willingly.
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How
do I identify myself to a Notary Public?
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All
identification must contain a photo, physical description, signature
and serial number. Your signature needs to reasonably match the identification
provided. Valid identification would be a current Drivers License
or State ID Card. An unexpired U.S. Passport. A U.S. Military ID
if issued in the last 5 years.
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When
do I sign the documents?
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Only
in the presence of the Notary, after your identification has been
verified.
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Are
there any documents that can't be notarized?
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We
are NOT allowed to notarize incomplete documents, Wills, or copies
of Birth, Death, Marriage records and in some cases pre-signed documents.
At the direction of an attorney, a Notary Public may notarize a Will
but ONLY at the request of an attorney. Wills in California
can be tricky and must not be notarized unless authorized or requested
by an attorney. To do otherwise might invalidate the Will.
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Are
there special considerations for Advanced Health Care Directives
in a Skilled Nursing Homes?
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The
California State Long-Term Care Ombudsman Program requires that all patients
in a skilled nursing home who wish to execute an Advanced Health
Care Directive have the notarization witnessed by an Ombudsman as
well as a Notary Public. The skilled nursing home should arrange
for an Ombudsman to be present at such signings with the Notary Public.
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What
are the most common documents requiring a Notary Public?
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01.
Loan Documents, Deeds of Trust, Grant Deeds, QuitClaim Deeds, etc. |
Where would I find a Notary Public? |
Notaries advertise in the Yellow Pages usually under the Notary Public listings. They can also be found online searching for Notary in (city desired) or (city desired) Notary. www.google.com is a popular search engine. Many UPS Stores and Check Cashing Services have Notaries on duty as well. Some Banks offer Notary Services to their customers. |
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For more information on the role of a California Notary
Public: |
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