topic Re: A question for notary publics a in Community Chat

A question for notary publics a

KathyPet — Sun, 27 Sep 2015 19:37:11 GMT

My husband is currently in UVA Medical Center with a brain Tumor. He owns his own business and is the only employee. He will begin chemo on Friday. I need to be able to sign checks for bills that are due and deposit checks that come in. With the brain tumor sometimes he is pretty clear minded and sometime he is not of clear mind. He can hold a pen and scrawl a signature even though it doesn't look like his signature.

My daughter is a para legal and one of the family law attorneys in her firm drew up a durable Power of Attorney giving me the ability to handle his affairs including the business . The form must be notarized. The attorney who drew up the form told my daughter that the notary was not there to judge whether someone did or did not understand what they were signing just that the notary saw them sign it. Since my husband's mind is sometimes not clear I don't want want to get the notary here in his room and then have her/him say they cannot notarized it because he might not understand what he is signing. So, is what the attorney told my daughter correct information?

Re: A question for notary publics a

chickenbutt — Sun, 27 Sep 2015 19:40:36 GMT

I believe the attorney was right. I was a notary for eight years and haven't dealt with this TYPE of scenario. But to think to what was expected of me, within the law, it would be about verifying that it was indeed HE who signed the document.

I'm not sure how I'd feel if I thought either - 1) it appeared that somebody was making him sign it; or 2) he had absolutely no idea what he was sigining.

But I think that my only responsibility would be to verify to my own satisfaction that it was he who was signing his name. I might feel compelled to ask if he wanted to sign it and knew what the document was that he was signing - not sure, I guess, until I find myself in that type of situation.

Those are my thoughts, though, FWIW.

Re: A question for notary publics a

Plaid Pants2 — Sun, 27 Sep 2015 19:42:08 GMT

I have gone to the notary several times in my life, and never once did they, the notary, sign anything declaring that anybody involved with the document was of a sound mind, and knew what it was that they were signing.

Re: A question for notary publics a

sidsmom — Sun, 27 Sep 2015 20:06:11 GMT

#SundayPositiveChallenge

Here's some guidelines. I would bet you personally know someone that's a notary whom could help. They would understand the situation & not question.

http://members.usnotaries.net/news.asp?AssetID=413

Re: A question for notary publics a

JustJazzmom — Sun, 27 Sep 2015 20:08:44 GMT

All a notary does is witness that a person signs the paper. No worries about state of mind or compos mentis.

Re: A question for notary publics a

KathyPet — Sun, 27 Sep 2015 20:30:23 GMT

The link to the website seems to directly contradict what my daughter was told by the Family law attorney in her firm The web site says that the notary must be confident that the signer is mentally competent and fully understands what they are signing.

Re: A question for notary publics a

chickenbutt — Sun, 27 Sep 2015 20:34:51 GMT

I think if the question is strictly about the law, there would be no way for the law to expect a Notary to determine the psychological health or state of the signor.

If it came down to it, the Notary just has to verify that the signor is the person s/he is representing him/herself to be.

Now, to get into ethics - and I'm not speaking directly to THIS scenario - if I were to feel like something just isn't kosher here, like the signor is being forced or the signor is clearly not properly conscious I might feel some concern about becoming a part of that.

So, I think there are two very different issues. If they are just concerned about the law, the Notary has very specific responsibilities which, by the way, vary by state. You are only commissioned to the state that commissioned you. Just an FYI, as different states have different laws.

Re: A question for notary publics a

151949 — Sun, 27 Sep 2015 20:39:02 GMT

My father was horrifically injured in a car accident and could not give me his POA so I consulted an attorney and he went to a judge who declared my Dad was incompetent and appointed me as his guardian and gave me the legal right to write checks and pay his bills etc.The attorney had everything all taken care of in a couple hours after I originally saw him.

Re: A question for notary publics a

itsmagic — Sun, 27 Sep 2015 20:59:04 GMT

I had to notarize several documents when I worked as a legal secretary. You might want to make sure you have your husband's drivers license with you when the notary comes. We were told to check picture ID's to make sure the person was who they claim to be before we notarized a signature.

Re: A question for notary publics a

brii — Sun, 27 Sep 2015 21:13:18 GMT

The Notary will probably verify his identity - yes, have his DL available.

Re: A question for notary publics a

KathyPet — Sun, 27 Sep 2015 21:11:05 GMT

If I cannot get a notary to do the service then I will have to get a court order declaring my husband incompetent and get a court order giving me POA. I would prefer not to do that unless absolutely necessary.

I do have his driver's license with his photo as ID

Re: A question for notary publics a

CelticCrafter — Sun, 27 Sep 2015 21:12:48 GMT

@KathyPet wrote:
The link to the website seems to directly contradict what my daughter was told by the Family law attorney in her firm The web site says that the notary must be confident that the signer is mentally competent and fully understands what they are signing.

A Notary Public isn't qualified to make a decision as to whether or not a person is competent. Most banks and insurance offices have a Notary in the office for their clients. They are just an impartial witness to the signature.

Re: A question for notary publics a

VaBelle35 — Sun, 27 Sep 2015 21:15:47 GMT

A notary is only verifying that the person signing is really that person. Your husband will need his picture ID so that the notary can verify that it is him.

What is on the paper means nothing to the notary, only that the person signing it is indeed the person signing it.

I will you your family in my prayers for a full and speedy recovery.

Re: A question for notary publics a

shoekitty — Sun, 27 Sep 2015 21:20:08 GMT

I think when someone has dementia, or clear signs that they are not competant a court orders a POA. I might just go ahead and and take him to notary, as it is legal. If he doesn't know who is or have any idea where he and what he is signing, then I would think the Notary would halt?. Then I would ask an attorney to get POA. You can even get a temporary POA (at least in California). People get them all the time, especially if they are undergoing life threatening surgeries or illnesses. When they are well and cometant, they have the POA voided.

kathypet, I am so sorry you are going through this. By best goes out to you and your family.

Re: A question for notary publics a

K9buddy — Sun, 27 Sep 2015 21:30:08 GMT

I've have had numerous things notorized. You need to show them your drivers license, that's all. No questions asked.

Re: A question for notary publics a

151949 — Sun, 27 Sep 2015 22:01:59 GMT

Aren't you going to need witnesses as well as the notary? I believe they will have a doctor ask him some questions to verify he is competent,and if he is not, then you need to go to court.

Re: A question for notary publics a

RedTop — Sun, 27 Sep 2015 22:15:43 GMT

I suggest you talk to the case manager assigned to your husbands unit, as she will be able to assist you in this process. All of the case managers in the hospital where I worked, were notaries. Best wishes to you and your husband.

Re: A question for notary publics a

Say Nay — Sun, 27 Sep 2015 22:24:30 GMT

One thing I've noticed with the elderly is they let their DL expire. The DL has to be valid to notarize.

Re: A question for notary publics a

chickenbutt — Sun, 27 Sep 2015 22:29:44 GMT

It might not be the same in all states, so I cannot speak to that, but in mine you don't really HAVE to document their driver's license, or other ID.

If you know the person, or have reasonable belief to know who that person is through another person in the scenario, you can just put 'known' in your log.

Re: A question for notary publics a

hoosieroriginal — Sun, 27 Sep 2015 22:34:03 GMT

Just wanted to say I'm so sorry you are going through this - I'm sending prayers to you and your family.