It is very unfortunate that the marriage did not last. It must be VERY hard on your son because he is unable to be at any/all proceedings in Texas. And, it must be very stressful for you as his power of attorney. You must act on his behalf for some of the necessary paperwork, and it is not helpful if you are getting mixed messages regarding the notary's ability to sign the Waiver. Documents originating from another state may be notarized as long as the notary performs the notarial act in Colorado, the signer of the document appears before the notary to acknowledge or sign the document, and the notarial certificate contains all required elements.
Obviously, your son cannot appear. However, your special power of attorney can be recognized.
Below is a link to commonly asked questions to the Colorado Secretary of State
by notaries. The answer to your question is contained in B-10.http://www.sos.state.co.us/pubs/notary/files/notary_faqs.pdf
Moreover, below is a link to the Colorado Secretary of State. It is the office that governs notaries. The notary can contact the Secretary of State if s/he has any hesitation about notarizing the waiver.http://www.sos.state.co.us/pubs/info_center/contact.html
When a notary "notarizes" a document, there is a requirement for verification of identity, an oath, a requirement that the document is signed in the notary's presence and there is specific language that must be included. The notary should know all of the requirements.
The notary that you contacted may not have been aware of the provision that allows him/her to notarize out of state documents. You may wish to contact another notary and/or verify the answer contained within the Q & A as described in B-10 as described above. You can verify the information with the Secretary of State before you contact another notary, or go to another notary who may be more informed.
I hope you find this information useful.
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