Legal Terms Explained Simply

Navigating legal documents can be overwhelming if you're unfamiliar with the terminology. Below, I break down some key legal terms that notaries often help with.

What Is an Affidavit?

An affidavit is a written statement of facts that the person swears to be true under penalty of perjury. It's commonly used in legal proceedings or government processes. A notary’s role is to witness the person signing the affidavit and administer the required oath or affirmation.

What’s the Difference Between a Jurat and an Acknowledgment?

• Jurat: Used when the signer must swear or affirm that the contents of the document are true. The signer must sign in front of the notary, and the notary administers an oath.

• Acknowledgment: Used to verify that the signer willingly signed the document. The signer can sign before meeting the notary, but must personally appear to acknowledge they signed it voluntarily.

In short:

• Jurat = Oath + Signature in front of a notary

• Acknowledgment = No oath, signer acknowledges past signature

What Is a Power of Attorney (POA)?

A Power of Attorney is a legal document that lets someone else (called an "agent" or "attorney-in-fact") make decisions or take actions on your behalf.

Types of POA:

• General POA: Grants broad powers (e.g., financial, legal).

• Limited or Specific POA: Only allows specific actions (e.g., signing a deed).

• Durable POA: Remains in effect even if the principal becomes incapacitated.

• Medical POA: Allows someone to make healthcare decisions for you.

Notaries often help by verifying identities and witnessing the POA signature.

Will vs. Trust: What's the Difference?

• A Will is a legal document that outlines how your assets should be distributed after death. It must go through probate court.

• A Trust (especially a living trust) is a legal arrangement that holds your assets during your lifetime and transfers them directly to beneficiaries after your death—bypassing probate.

Trusts are generally used to simplify estate transfers and maintain privacy.

What’s a Quitclaim Deed?

A Quitclaim Deed is a legal document used to transfer someone’s interest in a property to someone else. It offers no guarantee of ownership, just a release of any claim the person might have.

Common uses include:

• Transferring property between family members

• Removing an ex-spouse after divorce

• Clarifying ownership in estate planning

Quitclaim deeds can also be used to remove someone from a title, but remember, removing someone from ownership doesn’t automatically remove them from mortgage liability.

Have questions or need documents notarized? Reach out to schedule a consultation today!