FAQ about Will/Power of Attorney/Personal Directives

Q. How/when does a Power of Attorney start?

A. A Power of Attorney can start on a date specified in the document, or upon the occurrence of an event (such as disability or incompetence). If there is no specified date or event, a Power of Attorney starts immediately upon execution. NOTE: Some jurisdictions do not allow a Power of Attorney that starts on the occurrence of an event.

Q. How/when does a Power of Attorney end?

A. An ordinary Power of Attorney ends automatically when the donor becomes mentally incapacitated or dies. An enduring Power of Attorney ends automatically when the donor dies. As long as you are mentally competent, you may revoke your Power of Attorney at any time by notifying your Attorney (in writing) that the power is revoked and destroying the original Power of Attorney. Otherwise, a Power of Attorney continues in effect indefinitely, unless the document specifies an end date.

Q. Can I revoke my Power of Attorney after I have become incompetent?

A. A person who is incompetent cannot revoke an enduring Power of Attorney. However, an ordinary Power of Attorney is automatically revoked when the donor is found to be incompetent.

Q. How do I revoke my Power of Attorney?

A. You can revoke, or cancel, a Power of Attorney by giving your Attorney a written notice saying that his or her power has ended. Also, you may make a new Power of Attorney that states your previous Power of Attorney is now revoked (but you must still notify the previous Attorney of the revocation). Third parties (e.g. people or organizations that have been dealing with the Attorney) must also be notified. Additionally, if your Power of Attorney is registered, you must also register the revocation.

Please note that if you fail to inform your Attorney of the revocation, your Attorney can legally continue to make decisions on your behalf.

FAQ about Notary Public Services

Q. Who is a Notary Public?
A Notary Public is a public servant appointed by the government to witness the signing of important documents and administer oaths. A Notary Public is a third-party witness to not only the signature of a document, but also the fact that all parties who signed did so willingly and under their own power.

Q. Why do we notarize documents?
You’ve probably had documents notarized, but did you know why? Is there really a purpose or benefit to having a document notarized? Having a Notary Public witness a signature serves as a powerful risk management tool that prevents fraud and identity theft, among others. Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signatories to screen out impostors and to make sure they have entered into agreements knowingly and willingly.

Q. Why is notarization important?
Chief among the reasons to have certain documents notarized is that having a document notarized is a deterrent to fraud. Notarization not only makes it more likely that signatories are who they claim they are, but also is mandatory for certain agreements, such as deeds, mortgages, easements, Power of Attorney and living Will.

Q. How does a Notary Public identify a signatory?
Generally, the Notary will ask to see a current identification document or card with a photograph, physical description and signature. A driver’s license, military ID or passport will usually be acceptable.

Q. Is notarization a legal requirement?
For most documents, yes. Certain affidavits, deeds and Power of Attorney may not be legally binding unless they are properly notarized. With other documents, no. Private entities and individuals may require notarization to strengthen the document and to protect it from fraud.

Q. Does notarization make a document “true” or “legal?”
No. A notarization typically means the signatory acknowledged to the Notary that he or she signed the document or vouched under oath or affirmation that the contents of the document were true.

Q. Can a Notary Public give legal advice or prepare legal documents?
No. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she has been retained as lawyer. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.

Q. Can a Notary refuse to serve people?
Only if the Notary is uncertain of a signer’s identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, sexual orientation or any other prohibited ground or because the person is not their client or customer.

Q. What is authentication/legalization of documents?
Even if you have had your documents attested before a Notary Public in Alberta, they are not always acceptable in other countries without a Certificate of Authentication. An official of the Deputy Provincial Secretary's Office signs the certificate authenticating the appointment, the signature and the seal of the Notary Public. A Certificate of Authentication may only be issued by the Deputy Provincial Secretary’s Office, who holds the official records of Notaries Public of the Province of Alberta, including records of their signatures and seals.

Q. Can a Calgary Notary Public apostille documents?
No. Canada is not a signatory to the International Treaty that allows for the Apostilling of Documents. The Canadian alternative to apostilling documents is to have the Notary Public’s seal and signature authenticated and then legalized by the foreign consulate. Please see the answer above for more information.

Q. What is a statutory declaration?
A statutory declaration is a written statement of facts which you, as the “declarant,” solemnly state to be true. A statutory declaration is not sworn, rather it is affirmed to be true and can be witnessed by Affordable Mobile Notary Public Services.

Q. What is an affidavit?
An affidavit is a document containing a statement that you, as the “deponent,” swear to be true to the best of your knowledge. Affordable Mobile Notary Public Services can then sign as confirmation that the oath or affirmation was properly administered and that the deponent signed the document after taking the oath.

Legal Notice

Affordable Mobile Notary Public Services does not provide legal advice. Our services include the notarization of documents, administering oaths, affirmations and solemn declarations, certification of copied documents and the witnessing of agreements. The presentation of information on this page is not legal advice nor should it be relied on as such.

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