Legal Question in Civil Litigation in California

Notary publics and Attorney

What are the laws concerning conflicts of interests when an attorney is the notary?

Also, this was a durable power of attorney form, this form was signed by the client and notarized by the attorney, there are no other signatures or witnesses.

Thank you in advance.

Asked on 1/05/07, 2:18 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: Notary publics and Attorney

Not only can the attorney not be the beneficiary or the party receiving a benefit under the transaction, but the attorney cannot be acting as an attorney for any of the beneficiaries or parties receiving benefits of the transaction.

Very truly yours,

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Answered on 1/11/07, 11:58 am
Terry A. Nelson Nelson & Lawless

Re: Notary publics and Attorney

The 'laws' are that a notory can't be a party or a beneficiary under the document.

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Answered on 1/09/07, 9:32 pm

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