with verified answers
2013 Washington Case *Klem v. Washington Mutual Bank Ans✓✓✓ The signer
must be present at the time of the notarial act
A notarization must never be predated or postdated
A notarial certificate should never be prefilled
Society relies on notaries to keep an accurate record of the day and place in
which a document is signed
"The proper functioning of the legal system depends on the honesty of notaries
who are entrusted to verify the signing of legally significant documents."
Liability, Liability, Liability!
.
A complete notarial certificate includes: Ans✓✓✓ County & state in which the
notarization took place
The date of the notarization
The type of notarial act performed
Notary's official stamp
Notary's official signature
,Notary's title of office
Commission expiration date (must show month, day, and year)
*Always use a complete notarial certificate. There must be a complete notarial
certificate on everything that is notarized. The notary must not choose the
certificate for the clients, it is their duty to understand what type of notarization
they require
A notary is appointed by Ans✓✓✓ the Secretary of State
A notary journal entry is Ans✓✓✓ required for every notarial act per § 24-21-
519, C.R.S.
*you may be requested to provide a copy of a journal entry. This request must be
submitted in writing and include the name of the parties to the document, the
type of document, and the month and year in which it was notarized - all
transactions must be recorded
A notary may only perform notarizations in Ans✓✓✓ Colorado
Abuse of Persons at Risk best practices: Ans✓✓✓ Ask family members to leave
the room.
Ask if they understand the document they are signing.
Engage in conversation.
If basic awareness and willingness is not present, do not notarize.
, Abuse of Persons at Risk Ans✓✓✓ Decreasing abuse of persons at risk is a high
crime priority for the Secretary of State and the Attorney General. Be aware of:
Dementia is a general term that describes a group of symptoms—such as loss of
memory, judgment, language, complex motor skills, and other intellectual
function-caused by the permanent damage or death of the brain's cells.
Please note that checking for awareness, understanding, and lucidity is not the
same as determining legal capacity. It is not the notary's job to determine legal
capacity.
Specific types of documents
Beware of wills, powers of attorney, real property instruments, especially quit
claim deeds. It is these type of documents where fraud is most commonly
attempted.
A notary has the right to refuse to perform a notarization, so long as the refusal
does not violate other laws.
According to RULONA, the requesting party Ans✓✓✓ should identify the
transaction with specific information—no blanket requests to view or copy a
journal.
Confirm the identity of the requester and record the transaction in your journal,
as with any other service.