Don’t Improvise With Informal Translators Because They Can Invalidate Your Transaction At The Notary’s Office And Make Things Very Expensive

This disciplinary proceeding comes after multiple complainants engaged a notary to write and execute a power of attorney. They allege that the notary failed to adequately verify what one of them wanted. What’s worse, they complain that the notary also failed to give them a draft of the power of attorney and that he executed the power of attorney without the assistance of a sworn interpreter. One complainant claims the notary only listened to her daughter who hardly understands the Dutch language. All of this caused the complainants to incur many expenses as they had to revoke the power of attorney for being broader than they wanted.

The notary responds that the complainant in fact had understood the Dutch-language text of the power of attorney she signed. The notary claims he had a consultation with her about the power of attorney in which her daughter assumed the role of informal translator. That’s why the notary was convinced that the complainant had understood what she was about to sign.

The Board of Ethics emphasizes that Section 42 of the Office of Notary Act provides that whenever an appearer doesn’t sufficiently understand language of the instrument, an interpreter has to be engaged, who, where possible also has to be a sworn translator. The Board of Ethics concludes that the notary did not meet this requirement by allowing the daughter to assume the role of translator. Apart from the fact that it’s unknown to what extent the daughter understood the Dutch language, she was not a sworn translator. In other words, the Board doesn’t know whether the daughter understood the Dutch language well, but it does know that she was not a sworn interpreter. Furthermore, this case required someone other than the daughter else to interpret because she herself was the subject of the power of attorney.

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