Legal Question in Wills and Trusts in California

Valid Identification on Notarized Document

My question is regarding the use of Notary Public in lieu of witnesses on a title transfer and/or POA: If the Notary does not personally know the principal and uses an expired Drivers License as identification and evidence to identify the principal(Drivers License not current or issued within 5 years of date of signing), does this invalidate the title transfer and/or POA? If not, is there any problems with this example? Thanks


Asked on 8/29/02, 10:09 pm

1 Answer from Attorneys
Mona Montgomery Mona Montgomery, Attorney at law

Re: Valid Identification on Notarized Document

In California, either two witnesses OR a notary public can serve as sufficient to authenticate a signature on a POA. In the case you present you do not state that the signature was NOT that of the signor and you do not state that the signature was coerced or was signed by someone who lacked capacity. You would have to be able to prove one of those three things to invalidate the signature. The mere fact that the driver's license was expired would not be enough to invalidate the signature without evidence that the signature was (1) not that of the signor (2) was coerced or (3) was obtained by a signator who lacked capacity. If you think one of the above three situations was involved, you should call a lawyer. You can call me if you like or just about any of the many attorneys on this website for a free telephone consultation.

Read more
Answered on 8/30/02, 11:57 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California