Let’s say you are at a hospital for a POA signing or Medical Directive signing. Let’s say that the signer has been officially diagnosed with Alzheimer’s disease. Do you notarize or not? If you notarize, and the signing comes back to haunt you in court, the small fee you made will not be worth any significant risk of court time. However, if you can get the signer to describe the document, why they are signing it, who they are, who their relatives are, and who the president of the United States is, they are probably competent enough to sign.

Now, let’s say that a medical professional at the hospital advises you not to notarize for the patient due to this mental disease. The fact is that you are the Notary, and only you can decide the fate of the notarization. The main thing is to consider the risks, and how you can go about proving competency in a prudent way.

I would continue writing about this article, but I forgot what the topic was. Hmm.

You might also like:

12 questions to ask for hospital notarizations
http://blog.123notary.com/?p=20519

A tale of four notaries at hospitals
http://blog.123notary.com/?p=463

Ken wrote a blog comment many years ago saying how a patient at a mental institution threatened to rip his ears off, lunged at him, but how a fast thinking security guard saved the day. People in mental institutions are out of their minds. I have visited many. For the most part people are docile and harmless, but there could be a few who are dangerous and how would you know as an outsider?

Many Notaries are too chicken to go to a jail. However, in jail, the bad guys are behind bars and cannot hurt you. I have only been face to face (without a glass separation) with an inmate in a room with a Sally port once. It was no big deal for me, but a woman might not have felt so comfortable.

Jails are places where there are Attorneys and women in the waiting room, guards, perhaps long hallways, elevators, and visitation rooms. You need a guard to pass the journal and pen back and forth to the inmate at a visiting room — that is the only main snag at a jail signing unless they have moved the inmate or are having a lock down.

So, basically you might not be familiar with jails, and there can be logistical issues. But, you will not be in danger as far as my experience tells me.

You might also like:

12 questions to ask for hospital notarizations
http://blog.123notary.com/?p=20519

10 ways female notaries can protect themselves
http://blog.123notary.com/?p=19196

A Notary had to go to the hospital for a hernia. He was in pain and drugged part of the time. But, he had a thriving business. and his customers would come to see him in the hospital.

CUSTOMER: Hi, I need this Affidavit notarized. I’ll sign it right here. You’re paying attention right?

NOTARY: (nodding off) ummm.

CUSTOMER: You are paying attention right?

NOTARY: Oh yeah..

CUSTOMER: (signs the document) Can you fill out the Jurat and sign it here?

NOTARY: I am not myself today. I might need to do a signature by X

CUSTOMER: According to what you told me last time only elderly customers can do a signature by mark or X.

NOTARY: Just kidding. Let me just fill this out… okay. Now, do you solmenly swear to uphold the constitution of the United States against all enemies foreign and domestic?

CUSTOMER: When you say domestic, does that include Consuela my maid? she is foreign AND a domestic.

NOTARY: You just have to make things complicated.

CUSTOMER: And that Oath has nothing to do with my document. That is the morphene talking, right?

NOTARY: I was just testing you. I’m actually sober, believe it or not. That’s why I’m being so mean. When my father arranged my marriage to Maria he said, “And he’ll beat you constantly — but only when he’s sober which is very little of the time.”

CUSTOMER: How reassuring. Okay, my Oath please? Never mind. I solemnly swear under God that the contents of this document are true and correct to the best of my knowledge.

NOTARY: I hereby affix my stamp. I gotta get out of here. I don’t want to be late to the straight pride parade in Boston of all places. Don’t you just love people from Boston — how refreshing — standing up for traditional values.

CUSTOMER: Yes, I find them refreshing, especially when they call people a “fricking retahd.”

NOTARY: Me too – gotta love it. I pronounce you man and document.

CUSTOMER: I am going to pass on kissing the document.

NOTARY: That will make you more popular in Boston as a result.

You might also like:

12 questions to ask for hospital notarizations
http://blog.123notary.com/?p=20519

A tale of four notaries at hospitals
http://blog.123notary.com/?p=463

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.

P.S. I have an acquaintance who did a job for one of those California legalized marijuana stores. Guess how they paid him? I’ll leave that to your imagination.

You might also like:

Jail notarization issues
http://blog.123notary.com/?p=22137

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

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

.

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.

You might also like:

Identification for prison notarizations
http://blog.123notary.com/?p=22139

Jail notarization issues
http://blog.123notary.com/?p=22137