Showing posts with label power of attorney. Show all posts
Showing posts with label power of attorney. Show all posts

Friday, March 12, 2010

Photo Government ID Insufficent for Notarization

When the signer is totally unable to communicate with the notary in any manner, the photo Government is insufficient for notarization even if the individual can make an x. The notary needs to see either a power of attorney or guardianship appointment so that another person can sign for the individual. The notary needs to communicate with the individual in some manner in order to notarize the signature.

Tuesday, June 9, 2009

Client has Aunt Jill 's Power of Attorney

The client says I have Aunt Jill's power of attorney but it is in a safe box in Florida and the notary and client is in Springfield VA. No notarization!!!!!!The notary would personally see the power of attorney. If Aunt Jill is available, competent and has government id, Aunt Jill can sign and be notarized!!!!!

Friday, May 1, 2009

When does yes mean no!!!!

I had an elderly client who had signed my notary book and presented her VA ID to me.The two witnesses were present and I had determined the client know what she was doing. She then said no.Clearly yes meant no and I entered the not notarized into my book. There is a lesson here. Get the power of attorney done as earlier as possible People do age and they still have the right to say no. In this case it was a revocable power of attorney and the person requesting her to sign the document had been looking after her affairs for years.

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!!!!

Friday, November 21, 2008

Checking the ID Of Your Ninety Year Old Client

Checking the id of your ninety year old client can be challenging, Yes the client has a government issued picture id. However, the picture is old and it is difficult sometimes to determine if that picture is really the client. You can have someone known to the notary with their own id swear under oath that the client is indeed Jane Smith. Additionally, visit my blog entry NO ID NO Notarization? However, you can also check what cards the client has with the name on it. Power of attorney document with very broad authority need to be approached cautiously. Furthermore, make sure the client understands the document and trust the person who is getting the power of attorney