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July 31, 2018

Notarizing the elderly — do more digging to be sure it is legit

There are many people who prey on the elderly. Elderly people need help and cannot always get it. Perhaps their family no longer talks to them, or is far away. Perhaps they have no family. Those who seem like they are family members or “helping” the elderly might be scam artists.

If you are notarizing for an elderly person, you need to check out the people who are helping. Here are some things you should find out.

1. What is your relationship to the signer? What is your name?
2. Why are you having this document signed? What is it about?
3. How does it benefit the signer?

This is a little nosy, but Notaries end up in court a lot in elder signings, so perhaps it is better to be suspicious up front to discourage the others from defrauding others.

You might indicate in your journal who the helpers are. This is not required, but if you have ID information for the helpers, that could help catch them in the off chance you are investigated. Also, nobody who is doing something illegal wants their ID recorded in a Notary journal. They might back off. The point of all of this extra work is to discourage people from getting you in a position where you will have to end up in court.

If when asking the helpers questions about their relationship with the signer, why they are helping, etc., you can see if they flinch or are awkward. I am not an investigator and do not know how liars act, but you might find them to be very uncomfortable if you start digging. Be polite in your digging and explain that many elder signings end up in court and that you want to make sure that nothing will go wrong.

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You might also like:

Notarizing documents for the elderly
http://blog.123notary.com/?p=3334

How do I do a signature by X Notarization
http://blog.123notary.com/?p=18791

When to ask for ID over the phone & fees at the door
http://blog.123notary.com/?p=15282

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July 12, 2016

Subscribing Witnesses Explained

There are TWO types of subscribing witnesses.

1. The person who appears before a Notary on behalf of someone being notarized with a Proof of Execution is called a subscribing witness or executing witness. The actual signer cannot appear before a Notary Public, so a witness is used to sign on the principal’s behalf and swear. The basic idea is that the subscribing witness witnessed the principal sign the document.

2. A person who witnesses a disabled person who is signing by X in a document is also called a subscribing witness.

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As a Notary Public, you may come into a situation where the signer is not able to sign. Most Notaries are not trained in how to handle such situations. If you do hospital notarizations you will deal with this situation a lot. Some signers cannot move their arms properly. Others cannot sign their name. If you can get them to sign an X in your journal and an X in the signature section of the document with two subscribing witnesses watching. You are in luck.

You need to have the subscribing witnesses sign your journal and input their drivers license info as well. Additionally, the subscribing witnesses sign the first and last name of the signer on the document which sounds like forgery, but many states allow this. Check your state notary handbook to see if this procedure is legal in your state.

Signature by X from A to Z
http://blog.123notary.com/?p=203

Subscribing Witness Glossary Definition
http://www.123notary.com/glossary/?subscribing-witness

What is Signature by X or Signature by Mark
http://blog.123notary.com/?p=2278

Types of witnesses in the notary profession
http://blog.123notary.com/?p=5664

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