The Signer Who Cannot Speak English
Marcus, an Alaska notary working at a credit union, is asked to notarize a power of attorney for an elderly customer, Mr. Okafor, who speaks only Yoruba and a little French. Mr. Okafor's adult daughter, who speaks English, offers to translate. She also happens to be the person named as agent under the power of attorney. The document must be signed and notarized today because a hospital admission is pending. Marcus does not speak Yoruba or French. The daughter says, 'Just ask him if he signs voluntarily - I'll tell him what you're asking.' There is no interpreter available at the branch, and the customer appears alert and oriented.
1. What must Marcus confirm before notarizing, and can he rely on the daughter as translator?
Read the worked answer
A notary must confirm the signer's identity, that the signer appears to understand the document and is signing voluntarily. Where the signer does not understand English, the notary must be able to communicate the nature of the act and the signer's acknowledgment. Relying on the daughter is problematic: she is an interested party (the named agent) and her translation cannot be treated as neutral. If Marcus cannot independently confirm voluntariness and understanding, he should not proceed on the daughter's assurances alone.
Best practice: obtain a qualified, disinterested interpreter, or reschedule. If a disinterested interpreter is used, document the interpreter's name and that the interpreter attested to accurate translation. The notary's certificate should reflect the signer's acknowledgment. Marcus should not simply accept 'she told him' as proof.
2. If Marcus proceeds with a disinterested interpreter, what should his notarial certificate and journal reflect?
Read the worked answer
The certificate should identify the signer, the date and place, and state that the signer personally appeared and acknowledged signing. If the notary relied on an interpreter, the journal entry (and, where appropriate, an annotation) should record: the signer's name; the interpreter's name and that the interpreter was not an interested party; the method of identification; and a note that the signer's understanding and voluntariness were confirmed through interpretation. The certificate itself should not misstate that the notary personally conversed with the signer in English.
If the certificate form cannot accommodate the interpreter fact, Marcus should attach a note or use a form that allows it, and record the details in his journal. Accuracy in the record protects the signer and the notary.