Power of Attorney in Jail or Prison

The most common documents to be signed in a jail are title documents to cars, or power of attorney documents. Please be advised that a Notary may not draft or give advice on documents unless they are authorized to do so by also being an Attorney, or in a legal support profession that is authorized to give legal advice. I do know personally know who other than Attorneys can draft documents, so ask an Attorney.

Many banks have their own power of Attorney forms. So, please be sure you are having the inmate sign the correct power of attorney that will be acceptable to your bank or whomever the document custodian is.

As always, please consult an Attorney before you decide which type of legal document to use, or draft a legal document such as a Power of Attorney.

Identification for prison notarizations

1. Inmate ID Cards
In Florida and California, there is such thing as inmate ID cards or an inmate identification card. These are issued by the Department of Justice of Bureau of Federal Prisons.

2. Wristbands
In other states, sometimes the Notary can use a wristband. But, that is subject to the laws of your state, so you will have to consult your state’s notary manual online.

3. Credible Witnesses
Credible Witnesses may be used to identify a person in many states. You need to ask the Notary Public who you intend to use what the rules are in your state for Credible Identifying Witnesses. Many states will allow two individuals who know the signer to vouch for the identity of the signer under Oath before a Notary Public and will allow this as a substitute for having proper identification.

4. Regular Identification Cards
Ideally, if you can find a current identification of the signer and bring it with you to the jail, this will make it a lot easier for the Notary to notarize the signer.

5. Guards
Guards at jails are normally helpful about passing the journal through the slit in the glass to the signer. However, they very rarely want to be involved in identifying inmates as a credible witness.

6. Thumbprinting
It is generally a good idea to thumbprint signers in the notary journal. Most Notaries do not do this, but it is prudent as you cannot fake a thumbprint and it is forensic evidence that can be used to prove the identity of the signer if the signing is ever investigated.

Payment for Jail Notary Service

Not all Notaries are experience at jail notarizations. It is recommended that they get an up front travel fee when they meet you. They should also charge for waiting time incrementally as well as for the notarizations. The fee for the actual notary work should be paid after the notary work is done while the other fees paid up front or during the waiting time which can be unpredictable at jails.

Additionally, it is recommended that if you are meeting a notary at a jail, you have a mobile phone and keep in contact with the Notary. It is common for clients to stand Notaries up at jails, so make sure the notary knows that you are serious about doing business and that you won’t be late.

Also, make sure all parties know where to park, and have directions going where they are going.

For those of you who need a Notary to visit an inmate at a jail, penitentiary, detention center or correctional facility, there are many issues at hand. I will try to explain those issues in an organized way in this informational article.

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Identification for Prison Notarizations – http://blog.123notary.com/?p=22139
Lockdowns and inmate considerations – http://blog.123notary.com/?p=22142
Payment for Mobile Notary Service – http://blog.123notary.com/?p=22145
Personal Appearance of Signer – http://blog.123notary.com/?p=22148
Power of Attorney Documents – http://blog.123notary.com/?p=22151

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We also have other articles about jail signings.

Find a notary who can notarize an inmate
http://blog.123notary.com/?p=21349

Notarization done at a jail rejected by police
http://blog.123notary.com/?p=17484

7 steps for jail notarizations
http://blog.123notary.com/?p=8634

Notarizing an arsonist at a jail
http://blog.123notary.com/?p=650

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Lock downs and Prison Notarizations

It is common for jails to have lock downs. If you are meeting a Notary Public at a jail and there is a lock down, it is possible that your appointment will be cancelled. It is also possible that you will be held against your will in the building as long as the lock down lasts.

If you are going to be part of a jail notarization, there are several things you need to know.

1. Is the jail under lock down? You might call before you go. Lock downs can happen at the last minute, but if you call ahead of time, that decreases your chance of having a ruined appointment.

2. The prisoner may have been moved to another cell, cell block, or jail entirely. That will ruin your notary appointment as well.

3. The prisoner may not be willing to sign a particular document. If you go all the way to a jail only to find that the signer refuses to sign, you just wasted your time and so did the notary.

4. Waiting for guards. If you go to a jail, each jail has a different procedure for letting visitors in. Most allow Notaries in, however, the notary may be asked to stamp a blank piece of paper so that the jail has a record of the notary seal. Others who wish to visit in a jail might be allowed if they are going to be a credible witness, but explaining that to the jail staff might require a little skill, and it may or may not be allowed. So, check in advance. Step one is to get let in the jail and to know what area of the jail to go to. It is normal for the guards to search Notaries carefully, so be ready for that. Next, you have to ask for a guard to come. Once the guard comes, they can bring the correct prisoner in front of you in the area with the glass partitions. You will need the guard to pass the journal back and forth through the glass and inspect the pens and whatever else you send over.

Personal Appearance for jail signings

Jails have some unusual practices and practices vary from jail to jail. At one jail, I was not allowed within 50 feet of the inmate. I told them that I could not notarize as personal appearance was necessary. You can see a notary through a glass and communicate with them through a phone. That is fine. You can be sitting next to the inmate as a notary and that is okay. But, if you are so far away that you cannot visually see who they are and what they look like, then it is not legal to notarize that person. Personal appearance is normally required for Notary acts other than a proof of execution which is hardly ever done and probably not allowed for documents such as power of attorneys.