The Attorney-in-Fact Who Refuses to Sign the Journal
Alan is a New Mexico notary public with a paper journal. Rosa appears at his office with a durable power of attorney executed by her father, Hector, who is in a nursing home. The document is an acknowledgment in a representative capacity. Rosa signs “Hector by Rosa, attorney-in-fact” in Alan’s presence and presents her New Mexico driver’s license. Alan verifies Rosa’s identity, completes the acknowledgment certificate, signs it, and stamps it. He then asks Rosa to sign his journal. Rosa refuses, saying her signature is private and that the power of attorney already proves her authority. Alan has already handed her a copy of the notarized document. He has not yet made the journal entry. Alan wonders whether he should write “refused” in the journal and keep the stamped certificate as completed, or whether he should have stopped earlier.
1. In Article 14A terms, who is the principal and who is the signer, and what journal entry is required?
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Hector is the principal: he is the person whose signature is being acknowledged through Rosa. Rosa is the signer appearing in a representative capacity as attorney-in-fact. The journal entry should identify both roles clearly. It should include the date and time, the type of notarial act (acknowledgment in a representative capacity), the title or description of the document, Rosa’s signature, Rosa’s name and address, the ID type and issuing state, the verification method, any fee, and a notation such as “Rosa, attorney-in-fact for Hector.” The power of attorney is evidence of Rosa’s authority, but it does not replace the journal. The journal is the notary’s contemporaneous record of who appeared, how identity was verified, and what act was performed. Alan should not list Hector as the signer or imply that Hector personally appeared.
2. Must Alan refuse to complete the act if Rosa will not sign the journal?
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Yes. Article 14A requires the notary to keep a journal that includes the signature of each principal or signer appearing before the notary. If Rosa refuses to sign, Alan cannot create a compliant journal entry. Writing “refused” does not satisfy the signature requirement and does not make the act complete. Alan should have explained the journal requirement before signing and stamping the certificate. Because the journal is not optional, Rosa’s refusal is a reason to stop the notarial act, not a detail to work around. The notary should not fabricate a signature, sign for Rosa, or omit the journal entry. The safer practice is to complete the journal entry contemporaneously with the act, before releasing the document.
3. What should Alan do now that the certificate is already signed and stamped?
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Alan should not alter the certificate or pretend the act is fully compliant. He should make a factual note of the refusal in a separate record, retain the document and any copy he released, and tell Rosa that the notarial act is not complete because the journal requirement was not satisfied. He may offer to redo the acknowledgment with a new certificate only if Rosa returns, signs the journal, and the act is performed again with proper procedures. If she will not, the document may need to be notarized by another notary. Alan should review his office practice: explain the journal requirement at the start, journal before or at the same time as the certificate, and never release a completed-looking certificate before the journal is done. This protects both the signer and the notary if the document is later challenged.