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Esteemed Contributor
Posts: 5,660
Registered: ‎03-09-2010

Re: A question for notary publics a

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

Honored Contributor
Posts: 9,538
Registered: ‎03-09-2010

Re: A question for notary publics a


@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.

Honored Contributor
Posts: 17,491
Registered: ‎03-10-2010

Re: A question for notary publics a

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.

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QVC Shopper - 1993

# IAMTEAMWEN
Honored Contributor
Posts: 10,930
Registered: ‎03-10-2010

Re: A question for notary publics a

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.

 

 

Trusted Contributor
Posts: 1,328
Registered: ‎03-09-2010

Re: A question for notary publics a

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

Honored Contributor
Posts: 25,929
Registered: ‎03-09-2010

Re: A question for notary publics a

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.

Honored Contributor
Posts: 15,848
Registered: ‎09-01-2010

Re: A question for notary publics a

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.

Respected Contributor
Posts: 4,026
Registered: ‎03-12-2010

Re: A question for notary publics a

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

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Honored Contributor
Posts: 20,648
Registered: ‎03-09-2010

Re: A question for notary publics a

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.

 

 

Respected Contributor
Posts: 4,520
Registered: ‎03-04-2012

Re: A question for notary publics a

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