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909notary
California
15 Posts |
 Posted - 05/21/2010 : 5:30:36 PM
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I had a similar situation not long ago however the signer was able to communicate and sign her name. Because she did not have valid identification and could not leave the house to get to the DMV her attorney recommended using 2 credible witnesses.
Now this week I had a husband and wife come by the office and present me with 2 documents to be notarized with a total of 6 signatures. Only 1 signer was present (the husband), I pointed out that in order for the documents to be notarized all 6 signers had to be present. The husband looked at the wife and said 'let's go to the other guy. He will do it.' I guess they were waiting for me to say something like 'okay, okay, I will do it for you' or something like that because when they got to the door they looked back at me as if waiting for me to call them back. I just put my feet on my desk and watched them leave.
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Lisa T.
California
391 Posts |
Posted - 05/21/2010 : 3:01:00 PM
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If the signer cannot complete a signature by mark (X), then I refer them to a probate attorney I network with. The family has to get conservatorship at that point. I had a situation today where I met with a lady whose sister is hospitalized from several strokes.
We met at Starbucks and she presents me with a POA where the sister, I'll call her Mary, made an X and a friend of the family, I'll call him John filled out the witness portion and Lucywanted me to notarize the POA.
I had to explain to Lucy that Mary needs to appear before me, have ID - which I was told was expired and they didn't know where it was - and needs two witnesses for the signature by mark. Also, two credible witnesses are needed to ID Mary since they cannot get her ID. In CA, the credible witnesses and the witnesses to signature by mark can be the same people.
Lucy and John were certain that him witnessing Mary make the X was sufficient - they were pretty insistent. I had to switch from informative mode to lecture mode and inform them of the law and proper notary protocal. They may have looked for another notary.....Lucy says that Mary is lucid and can make the X, just cannot speak but can communicate by nods and pointing, which is fine.
They were in such a hurry to get this done as apparently Mary's daughter, who's also a joint bank account holder, evidently is spending the money frivolously - specifically - Mary's social security monies coming in by direct deposit. They want to have the check redirected to another account so the daughter cannot spend it on "beer and cigarettes" as they put it.
Now, I'm wondering if Mary really made the X - if she is cognizant and lucid. According to Lucy, Mary had six strokes....count them, SIX. She said she'd call back this afternoon to set an appointment. If I do not hear from Lucy today, I'll believe something sinister is going on, especially since they seemed to be in such a hurry....they just may try and see if another notary will do what they want.
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Sylvia_FL
Florida
46 Posts |
Posted - 05/03/2010 : 1:09:33 PM
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in Florida a signer with a disability can direct the notary to sign on their behalf:
"On a rare occasion, you may be asked to notarize the signature of a person who cannot sign a document in the usual manner. An individual with a disability may direct a notary to sign on his or her
behalf. §117.05(14)(b)(d). In a sense, one person substitutes his hands for the hands of the person with a disability. You may notarize this signature but you should indicate the unusual circumstances in the notarial certificate."
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jbelmont
California
3106 Posts |
Posted - 05/02/2010 : 8:27:33 PM
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Q. What do I do if the signer is somewhat or completely incapacitated?
A. If the signer is not able to communicate directly with the notary, then the notary is not allowed to notarize the signer. Also, if the signer can not move their arms, get an attorney to handle their case. In such a case, the family of the signer will be desperate and try to pressure the notary to notarize the signer anyway. They might even put a pen in the signer's hand and move their arm around for the signer. Don't allow this.
However, you can allow a signature by mark. Please check our glossary for information about signature by x.
http://www.123notary.com/glossary/?signing-by-x
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What if the signer is incapacitated?
