Customer FAQ's and legal advice vs legal information
Legal advice is when an attorney applies his or her legal expertise to your specific fact situation, and tells you how you should proceed. This includes, but is not limited to:
⦁ Representing a person before a court or other government institution
⦁ Creates duties or responsibilities for the person offering advice
⦁ Affects the rights or responsibilities of the person seeking advice
A notary public is prohibited from practicing law, unless the notary public is also a licensed California attorney. (California Government Code section 8214.1(g); California Business and Professions Code section 6215.)
can be given by anyone who is knowledgeable on the law. It is simply a statement of what the law is, without any application to your particular situation, leaving up to you the decision of how to proceed.
What should I do with my Advanced Healthcare Directive Now That I've Had It Notarized?
California maintains an Advance Directive Registry. By filing your advance directive with the registry, where the health care provider and loved ones may be able to find a copy of the directive in the event the patient is unable to provide one. More about the registry, including instructions on how to file your advance directive, at http://www.sos.ca.gov/ahcdr/forms.htm.
Advanced Healthcare Directives PROBATE CODE SECTION 4700-4701
Should I record my power of attorney just in case?
Power of attorney requirements vary by state, but typically are signed by the principal and need to be witnessed and/or acknowledged before a notary public. Usually, powers of attorney do not need to be recorded. However, powers of attorney dealing with the sale and purchase of real estate must be recorded.
In California, a power of attorney must either be acknowledged in front of a notary or signed by two witnesses. While either method of validation will work, consider doing both. By signing in front of a notary, you expel any doubt as to the validity of the principal's signature. Also, by having two witnesses sign the power of attorney, you are also creating parties who can testify as to the validity of the document.
A natural person having the capacity to contract may execute a power of attorney. PROBATE CODE SECTION 4120-4130 4120.
What is a Domestic Partnership? Wait why do I have to fill this out, we are not gay! (this comes up during a mortgage loan signing)
⦁ A domestic partnership is an interpersonal relationship between two individuals who live together and share a common domestic life but are not married (to each other or to anyone else).
⦁ Registered domestic partners have the same rights, protections, and benefits, and same responsibilities, obligations, and duties , as spouses.” Cal. Fam. Code § 297.5(a). These protections apply as of the date a couple registered as domestic partners with the state of California.
More info can be found at http://www.nclrights.org/
Declaration of Domestic Partnership From Can be found in the California Secretary Of State website http://www.sos.ca.gov/registries/domestic-partners-registry/
Can you provide or help me draft a Grant Deed, Power of Attorney or Will?
A notary public is prohibited from practicing law, unless the notary public is also a licensed California attorney.
(California Government Code section 8214.1(g); California Business and Professions Code section 6215.)
Legal forms and documents can be found here http://saclaw.org/legal-forms/
Customer service is important, and therefore helping them understand the difference of what a notary can and cannot do is part of good customer service and providing them with the right information is also key to keeping your customers happy !