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Notary & Apostille Blog

Power of Attorney and its Notarization

4/2/2025

1 Comment

 

Understanding the Power of Attorney Document and its Notarization

Power of Attorney Notarization

A Power of Attorney (POA) is a crucial legal document that grants an individual, known as the "Agent" or "Attorney-in-Fact", the authority to act on behalf of another person, known as the "Principal". This authority can cover various responsibilities, including financial, legal, and medical decisions, depending on the type of POA granted.

Types of Powers of Attorney. There are several types of POA, including:
​
  • General POA: Grants broad authority over financial and legal matters.
  • Limited or Special POA: Specifies particular actions the Agent can take.
  • Durable POA: Remains effective even if the Principal becomes incapacitated.
  • Medical POA: Allows the agent to make healthcare decisions for the principal.

Why Notarization is Essential.  Notarizing a Power of Attorney document is a critical step to ensure its authenticity and legal enforceability. Here’s why:

  1. Prevents Fraud: A notarized document verifies the identity of the signing parties, reducing the risk of fraud or coercion.
  2. Legal Recognition: Many states and institutions require notarization for a POA to be legally valid and recognized.
  3. Ensures Clarity: A Notary Public ensures that the Principal is signing the document willingly and with full understanding of its implications
  4. Facilitates Acceptance: Banks, real estate agencies, and medical institutions are more likely to accept a Notarized POA without delays.

Given its significance, obtaining a properly notarized Power of Attorney document provides peace of mind and legal security for both the Principal and the Agent. If you need a POA, consult with a legal professional to ensure it meets all legal requirements in your jurisdiction.

​
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Statement of Consent: U.S. Child Passport Issuance - Updated Form DS-3053

3/6/2025

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Form DS-3053 PassportDS-3053
 
​​This form was updated 10/2024. It is used when one or both legal parents (or legal guardians) cannot appear in person with their minor child to apply for their child’s U.S. passport. 

Here is the official link to the newly updated form:
​DS-3053 Form Updated 10/2024


This article is written in March 2025. As of this date, this is the current DS-3053 form but could be subject to another update in the future.
​
Reference: https://eforms.state.gov/forms/ds3053.pdf

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California Copy Certification of Power of Attorney

1/24/2024

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Certification of Power of Attorney

​A California Copy Certification of Power of Attorney serves as a validation of the original notarized Power of Attorney, confirming that the Power of Attorney is genuine.  It is not just a formality, it is a legal necessity in many cases.  The certified copy can be useful in financial, healthcare, real estate and many other matters.

A California Notary Public can certify photocopies of powers of attorney. A certified copy of a power of attorney that has been certified by a California Notary Public has the same force and effect as the original Power of Attorney.  (A suggested format for the certification is shown here)

Note: Other documents such as vital records, court documents and publicly recordable documents can not be certified by a California Notary Public. Only Powers of Attorney. 

Reference: (California Probate Code § 4307)
​

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Signature by Mark

12/13/2023

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Signature By MarkSignature By Mark

When the signer of a document cannot write (sign) his/her name, the signer may sign the document by mark. In the notary world we call it "signature by mark".

The requirements for notarizing a signature by mark are as follows:

1. The person signing the document by mark must be identified by the California Notary Public by satisfactory evidence.

2. The signer’s mark must be witnessed by two persons who must subscribe their own names as witnesses on the document. The witnesses are only verifying that they witnessed the signer make his or her mark on the document.
​

​Note: The Notary Public is not required to identify the two persons who witnessed the signing by mark.

​ 
Reference: (CA Civil Code Section 14)
​
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Notarizing Mylar Plat Maps

8/5/2022

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Subdivision Mylar Map
Subdivision Map
Mylar Plat Map
Mylar Plat Map

A Mylar Map (Mylar Subdivision Map, Laminated Map or Mylar Plat Map)  is a map printed on Mylar material (a durable transparent film). This map is created to indicate the subdivision of a piece of land into smaller parcels or indicates the details of a single property such as property lines, easements, restrictions etc. In some cases, the map is laminated rather than printed on mylar. If the map is to be officially recorded at a local recording office, it must first be notarized.

Because of the plastic nature of the document, the Notary's official ink seal can not adhere to it, in most cases. For this reason, a California statute allows an exception when authenticating this official notarial act without the use of the Notary's ink commission stamp.


Reference: Government Code Section 66436(c)

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Apostille in a Nutshell

1/16/2022

2 Comments

 
Apostille California

An "apostille" is a certificate issued by the Secretary of State for documents to be recognized abroad. It is permanently fastened to the original document(s). 

The process authenticates either the credential's of the Notary Public who notarized the document or the original signature of the State or County official who signed & certified the document (such as a birth certificate). 

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How to Prepare for Your Notary Appointment

6/20/2021

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Notary Appointment
Appointment Preparation
Getting ready for a notary appointment is as easy as 1, 2, 3:

ONE: Ensure that the party being notarized physically appears before the Notary Public and is in possession of their physical unexpired ID (please visit this link to view some exceptions and the acceptable forms of ID).

TWO: The document to be notarized must be physically present and in it's entirety. All pages of the document must be provided to the Notary Public.
​
THREE: Ensure that the document being notarized is completed in it's entirety and that there are no blank or missing fields except for the signature line. (The document may be pre-signed only if the notarial act is an Acknowledgment. Please review what-is-an-acknowledgement.html)

*  It is prohibited for a Notary Public to provide legal advice.

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Apostilles and Authentication Certificates

7/8/2020

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Apostille Certificate


California Apostille Certificate
Apostille Certificate (California)
Apostille Services
International Documents

Apostilles and Authentication Certificates
validate the seal and signature of a Notary Public on a document so that it can be accepted in a foreign country. It verifies that the Notary Public held a  valid commission at the time a document was notarized.

Apostilles are used when public documents are being transferred between countries that are a party to the Hague Apostille Convention of 1961. List of Countries click here.

Example of documents that may require authentication for use abroad include: affidavits, agreements, articles of incorporation, company bylaws, deeds of assignment, diplomas, home study, income verification, powers of attorney, transcripts, trademarks, warrants, extraditions, certificates of good standing and other general business documents. Also, parents wanting to adopt a child living in another country must have their adoption dossiers properly authenticated.

Authentication Certificates
are used for destination nations that are not part of the Hague Convention. Instead of a single Apostille, the document needs several authentication certificates, including those from the Secretary of State, the U.S. Department of State, the consul of the destination country and potentially another government official in the destination country.
​
Tip: Proper pronunciation of the word Apostille is “Apastee”.
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What is a "Jurat"?

3/22/2019

1 Comment

 
California JuratJurat Certificate
A "Jurat" is the second most common notarial act on which a signer is swearing (in person) to the truthfulness of a statement or document. The Jurat is identified by the wording "subscribed and sworn to (or affirmed)".  The signer subsequently takes an oath or affirmation.
​

In the Jurat, the Notary Public certifies:
  • That the signer personally appeared on the date and in the county indicated;
  • That the signer signed the document in the presence of the Notary Public;
  • That the Notary Public administered the oath or affirmation; 
  • The identity of the signer. 

​Three requirements for the execution of a Jurat are:

1. The signer must personally appear before the Notary Public.
2. The signer must  provide valid ID to be positively identified using satisfactory evidence.
3. The signer must swear or affirm to the truthfulness of the document or statement.

Reference: (California Government Code  § 8202)

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​
* A Notary Public is not allowed to give legal advice

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What is an "Acknowledgment"

10/10/2018

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California AcknowledgementCalifornia Acknowledgment Certificate

​An "acknowledgment" is the most common notarial act in which a Notary Public certifies having positively identified a document signer who admitted having signed the document. 

The primary function of an acknowledgment is the positive identification of a document signer, verifying that the person who signed the document is, in fact, the person named in it. The Notary Public confirms the identity of the signer and the signer acknowledges being the signer of the document. 

Three requirements for the execution of an Acknowledgment:

1. The signer must personally appear before the Notary Public
2. The signer must be positively identified using satisfactory evidence
3. The signer must acknowledge his/her signature

Reference: (California Civil Code § 1189)
​
DASH MOBILE NOTARY
​
* A Notary Public is not allowed to give legal advice

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What is a Notary Public

5/5/2018

6 Comments

 
Notary Public
A California Notary Public is a person of required honesty, credibility, truthfulness and integrity appointed by the State of California to serve the public as an impartial witness in performing a variety of acts related to the signing of important documents, taking oaths and affirmations and performing other acts authorized by law (GC 8201.1 and 8205).

When a Notary notarizes for a signer, the Notary's job as an impartial witness is to do certain things such as authenticate a person's identity and verify that the person signed the document.  

A Notary Public is an official whose purpose is to serve the public in an unbiased manner.  The Notary's right to act as an official witness is granted through a written authorization call a "commission" which must be renewed every four years.   A California Notary Public's jurisdiction is statewide.

Ref: National Notary Association Reference Guide

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​
A California Notary Public is not allowed to give legal advice.

6 Comments

Acceptable ID's  for   Notarizations  in  California

4/27/2018

1 Comment

 
Notary Acceptable IDID Card
 
You have an appointment tomorrow with your local Notary Public and you just realized that your driver's license has expired and you have no passport.  What do you do?

No worries, an expired driver's license is still acceptable provided that it was issued within the past five years from the date of your notarization.  


There are many other forms of ID that are acceptable other than Driver's Licenses and Passports.  Please see the list below indicating all the forms of identification that are approved and accepted for notarizations in the state of California. 

  • State Driver License issued by a DMV in any state
  • State ID Card issued by a DMV or government agency
  • Employee Identification Card issued by a state or government agency
  • U.S. or Foreign Passport
  • U.S. Military Identification Card**
  • Driver License issued by a an authorized Canadian or Mexican public agency.
  • Inmate ID card issued by the California Department of Corrections & Rehabilitation (for inmates in custody in prison only)
  • Any form of inmate ID issued by a sheriff’s dept. (inmates in custody in a local detention facility only)
  • Employee ID card issued by an agency or office of the state of CA, or by an agency or office of a CA city, county, or city and county
  • Consular identification document
  • ID card issued by a federally recognized tribal government
 
  1. ID must be current or issued within the last five years from the date of notarization
  2. ID must contain Photograph, Physical Description, Signature, Serial Number and Expiration Date**
  3. Should a signer have no approved ID, he/she must provide two personally-known witnesses with approved and valid photo ID's

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*A California Notary Public does not give legal advice.



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Travel Consent  for  Minors

4/24/2018

4 Comments

 
Travel Consent for MinorsTravel Consent Forms for Minors

​​Summer of 2018 is upon us. Time for travel, vacation and fun.

April and May are the perfect months of the year to start getting your child's summer travel documents together. 

If your child will be traveling abroad with one parent or with an adult who is not his/her parent, its a good idea to start getting in touch with your Travel Agent, airline, cruise, U.S. Customs and Border Protection agency etc. from whom you can gather the correct information you will need to proceed with proper documentation your child will need  before traveling.

Additionally, it would be wise to contact the official agency of the country to which your child is traveling and ask which additional documentation and policies they might have in place for minors entering their country. 

Most likely, your consent form or child's permission form will need to be notarized by a state commissioned Notary Public. 

Dash Mobile Notary (San Mateo County) is here to notarize your form and to provide you with any information or clarifications you may need in order to be prepared with the proper identification you will need for the notarization. Please feel free to contact Dash  with any questions you may have.

DASH MOBILE NOTARY

* A California Notary Public does not provide legal advice.

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​Dash Mobile Notary
Notary Public,  San Mateo County, California
​

Phone: (650) 474-1993

​Email: [email protected]




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