The Notary Isn’t Liable For Translator’s Errors In Translations

This complaint was filed after the complainant had engaged a notary in the Netherlands to write a power of attorney to distribute an inheritance in Surinam and British Guyana. After writing and executing the power of attorney, the notary sent the complainant a sworn translation that was incomplete. The translation failed to include certain important details that were included in the power of attorney, such as the forenames and surnames and the date the deceased had died. Because the translation was incomplete the complainant couldn’t use it. As a result, the complainant filed this complaint, which includes a complaint about the translation. Naturally, one can’t help but ask how on earth could a sworn translation omit such important details from such an important document.

Even so, the Board of Ethics concludes that the notary isn’t liable for the error in the translation of the power of attorney, because she had instructed a sworn translator to translate the power of attorney. The notary was right to rely on the translator to make a complete and correct translation. For that reason, it finds for the notary.

Wait, so, basically, the notary — not the complainant — picked and engaged a translator who made a sworn translation for the complainant that turned out to be useless. Who paid for the translation, though? This case proves exactly why Plus Ultra insists it’s always better for you to pick your own translator yourself.

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