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  1 person liked this post.
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wayneclemons
California
46 Posts |
 Posted - 11/27/2011 : 9:37:30 PM
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I couldn't agree more with this topic. I have a few contracts with senior health care plans and I'm sent out to notarize Advanced Directives. While I still get paid a substantial trip charge, I reached the same point where I will ensure they have a valid Government issued ID. A bank credit card with their picture, their Medicare card or 1985 driver license won't cut it.
Wayne
www.ExclusiveMobileNotary.com |
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KanDoNotary
Oklahoma
69 Posts |
Posted - 11/22/2011 : 5:44:07 PM
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Not too long ago I was asked to notarize a Power of Attorney at a nursing facility. The requestor was the "live-in boyfriend" of the lady who had had a stroke.
Two of the lady's friends from a previous job were to act as witnesses. As soon as I got there, one of the witnesses told me the story about the boyfriend--that he was not really that reliable and, in her opinion, he was manipulating the woman.
The staff of the facility also voiced their similar concerns.
When I had an opportunity to speak with the signer, it was apparent that she was not capable of understanding and responding appropriately, so I declined to notarize the documents which would have given power to the boyfriend. I suggested that he go to court to see if he could be appointed as guardian. (I also asked him to pay my travel fee, which he did.)
I was basically patted on the back by the friend and the staff for refusing to notarize under the circumstances.
I don't know if the boyfriend got guardianship, or if the friends stepped in, but I often think about that lady and suggest that people get paperwork prepared because you never know when you will need help.
Have Seal, Kan Travel! When you need a document notarized, I cover all of NE Oklahoma from I-35 to I-40 to the state borders. Call: 918-798-8908. |
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jbelmont
California
3106 Posts |
Posted - 11/18/2011 : 12:42:24 AM
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Joe has some interesting points here. I think that it would make an interesting story to hear a notary cross-examining a bedridden elderly signer and their loved ones to see what their motivations are. I would love to see people's body language and how they react. Some people really are crooked and you will come across them in your notary work, but you might not know who they are -- but might only have hunches.
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Joe Ewing
California
55 Posts |
Posted - 11/17/2011 : 8:52:26 PM
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By far, the most requested signature in my journals will always be that of an elderly person that is no longer alive but his assets remain. Experience is making all the mistakes. Listen to the sage words of an experienced one... beware, tread lightly, qualify relentlessly, question motives, decline gracefully. There is always another notary out there who will do the job and be thankful it's not you.
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LindaH
Florida
1754 Posts |
Posted - 01/22/2011 : 5:30:45 PM
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quote:
Originally posted by leeinla
I just got a call to do a signing for an elderly person. I was speaking with the daughter.
She said her mom has a passport. I told her that I will have to determine awareness of the signer. She said her mom can sign her own name but she gets a little confused sometimes.
Should I proceed with the signing or cancel?
You won't know unless you go talk to the lady. Make it clear up front with the daughter how your laws are about mental clarity - you can't guarantee you can notarize - it will depend on her mother's state of mind when you get there. Also make sure you're clear that you'll need your travel fee no matter the outcome.
Good Luck.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell |
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leeinla
California
21 Posts |
Posted - 01/22/2011 : 1:46:48 PM
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I just got a call to do a signing for an elderly person. I was speaking with the daughter.
She said her mom has a passport. I told her that I will have to determine awareness of the signer. She said her mom can sign her own name but she gets a little confused sometimes.
Should I proceed with the signing or cancel? |
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DianaNotary
California
171 Posts |
Posted - 06/18/2010 : 10:09:44 PM
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I agree with Jeremy, notarizing signatures for seniors is a bit different. Jeremy makes a good point about the driver’s license- we want to make sure ahead of time that the signer has a valid identification, or else there will be needed credible witnesses to proceed with the signing (in California). Yes, I always make sure to ask about valid ID during the phone/email conversation with a potential senior client. At the same time, we (Notaries) are people and should be patient and respectful, no matter who the client is. (Ex. No matter how busy my schedule is, I wouldn’t show it off, just because the lady can’t find her ID…., or cancel the signing because I have to be downtown in 5 minutes…..
Once thing that I am not comfortable with, is when signers are under medication….can they make an important decision and sign documents at that point?....
http://www.DianaNotary.com |
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Lisa T.
California
391 Posts |
Posted - 06/15/2010 : 09:24:40 AM
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<ROTFL!!> I have never encountered such a scenario that Jeremy wrote. But I do agree that when speaking to the family of the signer, to verify that the family member does have a current ID for the signer and I will ask what the expiration date and issue date are on the ID. I've been lied to by the family member and told that the signer's ID was current when in fact it was expired and issued outside of the five year period allowed in CA. This resulted in a wasted trip and a waste of both of our times.
I also ask if the signer is able to sign their name and if at the time of our appt the signer will be alert and aware or will they be sedated or under heavy meds (which makes them groggy). My appts with the elderly are not much longer than notarizing the signature of a younger person. |
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PWinFL
Florida
469 Posts |
Posted - 06/14/2010 : 06:03:43 AM
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Jeremy ... I hate to be picky but somethings just get under my skin. A Notary Public does not notarize a person! Notaries notarize signatures (and possibly some other things), not people.quote:
Notarizing the elderly is a different ball game.
IMO, this sentence (and other similar sentences) should read, "Notarizing the signature of an elderly person is a different ball game."
Also, a Notary Public does not "do a notary". A notary is a person. The act the Notary Public performs is a notarization. (Though you didn't fall into that trap.)
I disagree with obtaining the serial number of the identification over the phone. Serial numbers, such as driver's license numbers, are considered personal identifying items and are therefore protected from dissemination by many state and federal statutes. I do agree that ID verification to ensure that it meets or exceeds what is required is prudent, but please don't advocate providing identifying personal or financial information over the phone.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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jbelmont
California
3106 Posts |
Posted - 06/13/2010 : 11:56:14 PM
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Notarizing the elderly
Its common for notaries to visit hospitals and convelescent homes to notarize elderly signers. Notaries often go to the homes of elderly signers as well. Notarizing the elderly is a different ball game. The rules are not followed the same, and conditions are night and day apart from signings with middle aged signers.
(1) ID's - call ahead of time and ask the relative of the elderly signer to read you the ID type, serial number, and expiration date over the phone before going to the signing.
Very old people are often too old to function on their own. Someone else drives for them and handles their business in many cases. Their drivers license is often expired, and they can not always find it. It is not uncommon for an old lady to go through her whole purse in front of you going through hundreds of cards. She will offer you each card one by one and ask you if its acceptable.
Typical scene at the signing that wastes 20 minutes.
Notary: Hi Mary, do you have identification so I can notarize you?
Signer: Let me look through my purse. (unloads all contents of the purse that includes hundreds of cards, none of which are good for anything other than perhaps to stock a history museum.)
Signer: How about a Marriage license?
Notary: No, sorry, I can not use that!
Signer: Social security card?
Notary: Sorry, I can't use it.
Signer: Oh come on! Sorry.
Signer: Credit card? I haven't used this in at least a decade, I wonder if its still good?
Notary: No, I can't use that. Do you have a drivers license?
Signer: Oh... I haven't driven in ... its been 26 years. I don't think I still even have a drivers license.
Notary: It will probably be expired.
Signer: Lets use my social security card. Its good. I promise.
Notary: Which part of "NO" do you not understand?
(2) Make sure you know which person is holding on to the ID. If you get the ID info over the phone, but they can't find it at the signing, you will lose a lot of time.
(3) Make sure the elderly signer is not drugged and can communicate. Make sure they can describe in their own coherent words what the document they are signing is about. Otherwise, they may be getting taken for a ride.
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Notarizing the elderly - trickier than you think
