Monday, September 6, 2010

When NO meant NO

A notary colleague was confronted with a client who only could communicate by squeezing the notary's hand. When asked if he did not want to sign, the notary's hand was squeezed very hard. Clearly no meant no. My notary colleague left and collected his travel fee. My colleague made the correct decision. The case illustrates the need for all our clients to get all necessary wills,medical directives, powers of attorney document, and/ or living trust while they are well. Waiting to a time when the person is not well can create major problems.

I declined to go to a hospital ICU when advised that the patient was not competent to be notarized. Due to a recent divorce, I got my will and medical directive properly notarized. I did not want my now ex wife to be directing my medical care if I was ill. Notaries ,who are not lawyers can not draft legal document or give legal advise. There are software and internet sites one can go to get legal document. However,I strongly recommend that a licensed VA lawyer reviews the document before you sign.

Wednesday, September 1, 2010

Client is making a telephone appearance in FLA from VA

Florida allows for a party to a Florida Court action to make a telephone appearance from VA provided a Va Notary is present. The Court will request the Notary's name id number and address. This becomes part of the public record. The notary then administers the oath. The notary is free to leave and does not need to stay for the rest of the proceedings. Federal Bankruptcy Courts have a similar procedures for a person who is disabled and can not appear in Court. In both cases, the Notary is free to leave after the Court says the Notary can leave. I make sure I get paid before the Court proceeding begin so I can leave promptly.