The Power of Attorney for the Notary's Brother-in-Law
Priya is a Macomb County notary commissioned through November 2, 2029. Her brother-in-law, Dev, asks her to notarize a durable power of attorney naming Priya's sister, Anita, as his agent. Dev is recovering from surgery and wants the certificate dated May 1, 2026, although he is signing on May 8, 2026, because his hospital admission paperwork says May 1. Dev has no photo ID with him; he says Priya knows him. Anita is in the room and has a financial power of attorney over Dev's bank accounts. The document has a jurat: "Subscribed and sworn to before me." Dev asks Priya to "just witness it" and skip the oath because he is tired. Priya's stamp is current and compliant. She has no financial interest in Dev's estate.
1. Identify the conflicts and prohibitions that affect Priya's ability to notarize.
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The express family prohibition in Michigan covers a notary's spouse, ancestor, descendant, and sibling. Dev is Priya's brother-in-law (her sister's husband), so he is not automatically within that list. But Anita is both Priya's sister and Dev's agent with financial authority. Priya has no direct beneficial interest, yet the combination creates a serious conflict and appearance problem. If another notary is reasonably available, she should refer the matter out. If she proceeds, she must not rely on Anita as a credible witness, must not receive any benefit, and must document only what she personally observes. She cannot notarize her own signature or a document in which she is a party or has a beneficial interest.
2. Can Priya date the certificate May 1? What must she do about the jurat and Dev's request to skip the oath?
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No. The certificate date must be the date Priya actually performs the notarial act, May 8, 2026, not May 1. Backdating is false and can invalidate the notarization. The document has a jurat, so Priya must administer an oath or affirmation; she cannot merely witness the signature. If Dev refuses the oath, she cannot complete the jurat. She should explain that he can either take the oath or, if the document permits, use an acknowledgment instead; she cannot change the certificate to fit without the signer's and document drafter's direction.
3. What are Priya's options for identifying Dev, and what should she do if she is not satisfied?
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Priya may rely on personal knowledge if she truly knows Dev well enough to identify him with certainty; a casual family acquaintance is not enough. Otherwise, she needs a credible identifying witness who knows Dev and is known to Priya, is present, and is impartial. Anita should not serve because she has a financial interest as agent. If no satisfactory ID or witness is available, Priya must decline. She should also assess Dev's alertness; if she has doubts about his understanding, she should not proceed.