Only if the notary is a really close friend or family member who can vouch for the person's signature.
Another View: Any document is "legal" unless until it's authenticity is called into question. If the un-notarized signature is challenged there ARE ways to prove that the signature is genuine (i.e.: expert handwriting analysis) but notarizing something is still the best, quickest, and easiest means.
Ask the notary that witnessed the document. In most states, they are registered with the county, or the state. If you think someone used a fake notary stamp to forge a document, check with the police, courts, or the legal person that has an interest in the document that was filed.
Anyone can be a witness as long as they prove their identity to the notary and see the document being signed. A good notary keeps a journal of all the names and addresses presented for notarized identification. It is not uncommon for documents requiring witnesses to have random witesses. As a traveling notary, I sometimes brought witnesses with me, just my properly identified friends, to witness document signings.
The job of the notary is to verify that the person signing a document is who they say they are. Some documents require that the notary see the actual signing and some merely require the notary to verify ID. The legal ramifications of an improper or invalid notarization are that the document can be challenged more easily in court, may be completely invalid without a proper notarization, the notary could be sued/fined/charged for improperly notarizing a document, the transaction may be declared void, and other bad things.
A witness to a notary public transaction is typically anyone who is not a party to the transaction and is of legal age and sound mind. The witness should be present to observe the signing of the document and be willing to attest to the fact that they witnessed the signing.
Generally, an acknowledgment formally documents the following:That the signer of a document appeared before the Notary,That the Notary positively identified the signer, andThat the signer both acknowledged the signature as his/hers, and that the signature was made willingly.You need to check the rules in your jurisdiction. If both signers are present the notary may be able to attach an acknowledgment for legal purposes. That is often done to make a legal document "recordable" in the land records.
No. Any legal document should not be witnessed or notarized by an individual who will benefit from the document. An attorney-in-fact benefits from a POA because it gives the attorney-in-fact complete authority over the property of the principal.
"Execute" is an expandable term in law when referring to legal documents. It can mean that a contract has been fully performed by both parties. It is most commonly used to refer to the signing of legal documents. Historically it meant that a legal document had been signed, sealed and delivered. There was a time when a deed was not valid unless there was proof it was delivered to the grantee. Today a properly executed document has been signed by the necessary parties, witnessed, if necessary, and the signatures have been acknowledged by a notary, if necessary. There are different requirements for different types of documents. The purpose of executing a document properly is to render it legally enforceable.
If the notary's license was current at the time he notarized your document, your document is perfectly legal. If there is a question of legality, have the dates of the POA amended and resign and notarize.
Absolutely not, that is why if you have already signed a document and you take it to be notorized that the notary ask you to re-sign the document. It clearly states in the legal verbiage, I blank blank certify that I, so and so witnessed the signature or signing of this document. Most importantly, you must find out if the document even had to be notorized. It may have been notorized but it may not even be a legal doc that requires a notary stamp or signature.
You have no rights against a notary. A notary simply certifies that the people who signed the document where the people they said they were and/or that they made the statement or document they are signing. The person you need to talk with is the person who created the document in the first place that is dis-inheriting him. The drafter of the document is who you want.
A notary witnesses signatures and validates on a document that the people who signed it are the people they say they are. It has no other legal function.
You COULD write up such a document and have the signatures witnessed by a Notary Public at a bank or elsewhere, and receive a raised seal. HOWEVER, it would be LEGAL only in the sense that the signatories were properly witnessed. Assigning a guardian to a child, or adopting a child, would have to go through the legal system. They may or may not take the document into account, but it wouldn't be a bad idea to have one on hand to help show intent. Hope This Answers Your Question!!