In Colorado, residents may use a digital ID that they display on their iPhone. Notaries in that state may accept that as an ID. But, in California and Ohio, they are also accepting this type of ID providing it has all of the required information such as serial number, physical description, signature, photo, etc. Interesting. The world is really changing. Soon, I might be able to get a digital cat and feed it digital food.
Does a signature require a signature line? Does a car need a road? Does a taco need a plate (or banana leaf?)
This question opens up a can of worms, especially since many signatures resemble worms. A signature does not require a signature line. But, it is customary to have a signature line that you sign upon. Many Notaries might be tempted to draw in a line in their own handwriting if there is no signature line on a document that needs to be notarized. Is this practicing law to alter a legal document? Or is the alteration such that it does not compromise the content or character of the document in any meaningful way? These are questions for an Attorney and I cannot answer them myself.
I have seen a particular document show up in many loan packages. It says, “This form must be notarized.” However, there is never any notary wording, or a signature line on the document. So, I would add an Acknowledgment form and have the person sign the document. If the borrower wanted to draw a signature line that is better – that way they are doing the tampering and not you.
A document that lacks a signature line is definitely unprofessional and not well thought out. But, technically, a document doesn’t require a signature line, strange or “misaligned” as that might sound.
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
An alleged Notary forged Puana’s name. Puana, a Hawaii resident and Notary, as relative of the victem named Kealoha was investigated by forensic experts to determine who signed the name. An alleged Alison Lee Wong was determined to have forged the signature, however, it was later found that there is no such person.
A person named Kealoha who was a former deputy prosecutor stated that her mailbox had been stolen, and that was the damage of this forgery case according to the news article that I am linking to below.
This is a very odd and convoluted story. I hope you enjoy the link and can figure this one out! Aloha!
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A forged notary seal ends someone with a prison sentence
http://blog.123notary.com/?p=21355
I was forged (Ken’s experience)
http://blog.123notary.com/?p=13659
I once created my own permission to travel for minors. The reason is that I wanted places for thumbprints of the various parties involved. I got feedback from repeat clients that the officials in Mexico liked my form because it was thorough and included lots of good forensic information. Here is what I put on my form.
1. Name of the authorizing party.
2. Name of who (name of child) they were authorizing to travel
3. Dates they authorized the child to be gone.
4. Name of the accompanying adult and their relationship to the child or family if any.
5. Places where the party would be traveling to.
6. Thumbprints of the authorizing party and optional prints of the child, and accompanying parties.
I (name of authorizing party) authorize (name of child) to travel to (name of place) accompanied by (name of guardian adult). They will leave (name of city leaving from) on (date) and return on (date). They will be traveling to (name of cities and country).
I do not remember the exact verbiage, but this covers the bases and all pertinent information if I am not mistaken. Traveling overseas as a child is a big deal. You want to make sure nobody is getting kidnapped and make sure nobody is suspicious of kidnapping.
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Make your own notary certificate forms!
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If you notarize a document, does that make the document in question legal or official?
As far as I know in my layperson opinion, if a document will be used in a legal transaction or in court, it might be said to be a legal document.
Notarizing a will, or other document just makes it notarized. Being notarized it might be acceptable to a particular document custodian or might be more relevant in court. Deeds and Power of Attorney document by definition need to be notarized to be effective or be recorded.
Oh yes, and if a document hits its 18th birthday, then it is definitely legal and the document custodian should alert Quagmire from Family Guy of the event too, particularly if the document is female.
One blog commentator writes that online and webcam notarizations are illegal (in many jurisdictions) simply to protect the outdated customers of traditional Notaries. Since many Attorneys are Notaries, this in his opinion is a case of mob rules where the public loses. Hmm. Interesting thought.
Security is another issue. It is hard to know on a webcam if that is the actual person being notarized. People change their hairstyle and sometimes more than one person looks like the same person. As a former Notary, seeing people’s ID is not enough in my opinion. Women change their hair around so much they are often not recognizable.
I would feel more comfortable if Notaries had facial recognition technology so that we could really identify people. It would be like that movie from thirty years ago whose name escapes me where you walk into a store and a computer greets you by name due to the technology. How annoying and invasive. China is becoming like that, but then, they have 1.4 billion people (and counting) to take care of. On a brighter note, I think the urban folks have given up having children.
So, is the growth of online notarizations stifled by mob rule, a lust to preserve traditional practices, or for realistic and reasonable concerns about security?
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Why you shouldn’t use an online notary
http://blog.123notary.com/?p=22090
eNotary
http://blog.123notary.com/?p=21344
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
Many Notaries think they are practicing law by explaining a notary act. Notaries are not allowed to choose a notary act on behalf of a client, but can they explain the requirements?
As a Notary, you have to have a signer sign in your physical presence for a Jurat, but not for an Acknowledgment (except in a few underpopulated states). So, are you practicing UPL or engaged in the unauthorized practice of law by explaining that distinction to a client?
For an Acknowledgment you do not have to sign in front of the Notary, although many lenders require the signer to do so. Is it UPL to explain that too?
Is it UPL to word an Oath for a client for their Affidavit? You kind of have to do that otherwise you cannot administer an Oath or Affirmation.
The fact is that your state authorizes you to do Notary work and perhaps even tests you on it. You are authorized do do all aspects of Notary work by law. You are not authorized to explain Mortgage documents but notary procedures are NOT Mortgage documents although they might be done to Mortgage documents.
How do you deal with this quandary?
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Unauthorized practice of law in the notary industry
http://blog.123notary.com/?p=21317
30 Point Course – what to explain and what not to
http://blog.123notary.com/?p=14440
If an Oath is a separate and independent notary act, you can charge for it as far as I know — I swear!
But, I believe (and please comment below if I am wrong) that you may not charge extra for an Oath on a Deposition, court appearance, or for credible witnesses.
When using credible witnesses for an Acknowledgment, you just charge for the Acknowledgment, but not for the credible witnesses. This is only for states that allow credible witnesses which is about 30 states more or less and you can look them up online.
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When are you required by law to give Oaths?
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