Florida Notary Practice Exam

When notarizing a document with a Power of Attorney, who is responsible for verifying the power of attorney?

1. The notary

2. The signer

3. The witness

4. It is not required

The correct answer is: The signer

In the context of notarizing a document that involves a Power of Attorney, the responsibility for verifying the power of attorney lies with the signer. This is because the signer is the individual presenting the document and asserting their authority to act on behalf of the principal (the person who granted the power of attorney). It is essential for the signer to produce the original Power of Attorney document or a valid copy so that the notary can confirm that the signer indeed has the legal authority to execute the transaction or document in question. The notary's role is primarily to verify the identity of the signer, ensure they are signing the document willingly and without coercion, and administer an oath or affirmation if necessary. While the notary must ensure that the Power of Attorney complies with the law and is valid, it is ultimately the signer's responsibility to provide valid documentation that confers that authority. In this scenario, the witness typically does not bear the responsibility for verifying the Power of Attorney, as their role is usually more about observing the signing process. Therefore, the correct understanding emphasizes the signer's responsibility in confirming the legitimacy of the Power of Attorney when a document is being notarized.