The Late-Night Power of Attorney and Thin Identification
Dana holds a Nebraska notary commission for Douglas County. At 9 p.m., her neighbor Marcus knocks and asks her to notarize a power of attorney appointing his brother to handle their mother's affairs; the bank needs it in the morning. Marcus lost his wallet. He offers a gym membership card bearing his photo, a photocopy of his Social Security card, and a utility bill showing his address. Dana met Marcus only three weeks ago at a homeowners association meeting, so she does not know him personally. Marcus's brother-in-law, Ray, is present. Ray has known Marcus for 20 years and has a current Nebraska driver's license with his photo and signature. Marcus can sign his own name and appears to be acting voluntarily.
1. May Dana treat the gym card, Social Security photocopy, and utility bill as satisfactory evidence of Marcus's identity?
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No. Satisfactory evidence under Nebraska's notary law means either personal knowledge of the signer or a current government-issued identification credential that contains the signer's photograph and signature.
- The gym card is not government-issued.
- The Social Security photocopy has no photograph and is not an identification credential.
- The utility bill shows an address but not a photo or signature.
Dana has no personal knowledge of Marcus, so this combination does not establish identity. She must not notarize on this evidence. Her options are an acceptable government photo ID or a credible identifying witness.
2. Ray offers to vouch for Marcus. May Dana proceed on that basis, and what must she do?
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Yes, if the requirements for a credible identifying witness are met.
- Ray must personally know Marcus and swear or affirm that Marcus is the person named in the document. Ray's 20-year acquaintance supports that.
- Ray must either be personally known to Dana or present satisfactory evidence of his own identity - his current Nebraska driver's license with photo and signature does that.
- Dana must administer the oath or affirmation to Ray, not merely accept an informal statement.
- Dana must record the act in her journal, including the witness's name, address, identification type and number, and the fact that identity was established through a credible witness.
Dana still must have Marcus sign before her (or obtain his acknowledgment on the date of the certificate), complete the certificate accurately, and enter the act in her journal.
3. Does Dana need to administer an oath to Marcus before completing the certificate?
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No. A power of attorney is ordinarily notarized by acknowledgment, not by a jurat. For an acknowledgment the signer must appear, be identified, and acknowledge that he executed the document; no oath or affirmation is required.
An oath is required only when the certificate is a jurat - language such as 'subscribed and sworn to before me.' Dana should therefore use acknowledgment wording, not jurat wording, and should not describe Marcus as having been sworn. If the document itself demanded a jurat, she would have to administer the oath and use a jurat certificate instead.