"It's written in Bulgarian, can you notarize it?"
Sure, not a problem is my response. It is not the responsibility of the notary to be able to read the document. However, language issues do come into play in the notaries' profession. A distinction must be made between the language of the document and the language of the affiant, the one who will be signing the document. While the notary does not need to be able to read the document, the notary does need to be able to communicate with the affiant. It is the responsibility of the notary to give the "notary oath" to the person signing.
This is often a problem. It is not permissible to use a translator. Communication between the affiant and the notary must be direct. Furthermore, the notary must be certain that the affiant understands the gravity of the oath. Merely giving the oath and receiving the "yes" is not enough - I, Kenneth A. Edelstein am required to actually communicate the oath and be sure that it is understood. When speaking to the affiant - and finding that the notary and the affiant share a common language - usually English - the understanding is obvious. But, when the affiant does not speak the language of the notary there is no real direct communications.
The best solution is to find a notary that speaks the language of the person who will be signing the document. This, at times, can be nearly impossible, even in New York; where almost every language is spoken. However, there is a solution. The use of the "subscribing witness" procedure can sometimes solve the problem. In this scenario, it is the signatures of the "subscribing witnesses" that are notarized. They, in turn, are stating that they know the affiant, have seen the affiant sign the document, and it is their signatures that are notarized. Care should be taken to be sure that this form of notarization will be acceptable by the receiver of the document - as this is a very rarely used procedure. To complicate matters, some jurisdictions require that the subscribing witnesses be "personally" known to the notary - prior to the signing event.
As a New York Mobile Notary Public working in New York City, I have frequently been in mixed language situations. Not all are solvable. Direct notarization of the affiant's signature is one option for a document, there are others. Sometimes the more complex "Court Appointed Guardian" - who can legally sign "in place of" the affiant, is the way to go. The simpler "Power of Attorney" solution has the "how does that (the power of attorney itself) get signed" problem - and is often not the solution. As is often the case, situations that are beyond the skill and legal authority of a notary should be brought to an attorney for resolution and advice.
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