Thursday, February 19, 2009

When is it too late to notarize a person's signature?

When a person is ill and can not communicate with the notary, it is too late for notarization. Even if the person makes a mark on the document, the resultant notarization is invalid since the person could not communicate with the notary despite the the fact that the person had a valid id. Some lawyers thinks notaries are dudes with a stamp. I resent this disrespect of a public official who has a direct appointment by the Governor of the Commonwealth of Virginia. I have been accused by more than one lawyer of being a very involved notary. I plead guilty.

In the above case where the client is too ill, a person who has a valid power attorney who is not a beneficiary may sign. However, the notary clearly notes that John Smith has power of attorney for Betty Jane when John Smith signs for Betty Jane. Some documents require the notary do a jurat for John Smith in addition to doing an acknowledgement

I strongly recommend not to delay calling in a notary when the person is confined to a nursing home or medical facility. Delay may result in it being too late for any notary to notarize the person signature due a change in the person's condition!!!!