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Did the notary know your father?
Or know your sisters?
Ok, how about sisters?
Ok, that is a good idea...
If the notary didn't know father, and didn't know sisters, then legally they can only notarize his signature if there is a witness who knows father and also knows the notary. This is what the CA Code says:
B. Oath of a Single Credible Witness – The identity of the signer can be established bythe oath of a single credible witness whom the notary public personally knows. (Civil Codesection 1185(b)(1)) The notary public must establish the identity of the credible witness bythe presentation of paper identification documents as set forth above. Under oath, the crediblewitness must swear or affirm that each of the following is true (Civil Code section 1185(b)(1)(A)(i)-(v)):1. The individual appearing before the notary public as the signer of the document is theperson named in the document;2. The credible witness personally knows the signer;3. The credible witness reasonably believes that the circumstances of the signer aresuch that it would be very difficult or impossible for the signer to obtain another form ofidentification;4. The signer does not possess any of the identification documents authorized by law toestablish the signer’s identity; and5. The credible witness does not have a financial interest and is not named in the documentsigned.
So if no one knew the notary at all, then it was completely improper for them to notarize the POA without father having any type of identification. You can file a formal complaint with the CA Secretary of State here:
They can take punitive action up to revocation of the notary's license and even pursuing criminal charges..
Not exactly. It makes the document "voidable" if challenged by someone who wants to object to something that was done with it under its perceived power.
So if sisters sold a piece of property and you can prove that the notary never properly identified father or knew sisters, then the sale could be voided as fraudulent and rescinded by a judge if you filed suit to challenge it.
I don't see how it could be $19K in the minus if they got all the money back... Unless you spent $19K on something..
If you put $19K in your account from father's, the bank transferred it back, then that leaves a zero change..
So if you have a new POA, then you are back in control of his finances. It sounds like if he is easily manipulated that you need to file for a legal guardianship for him in the local probate court so you can keep this yo-yoing from occurring every time sisters go talk to him... If you are appointed his guardian, then he can't give a POA to anyone any longer.
You are very welcome. Glad to help any time..
All the best to you and yours.