VA Governor has appointed me to another term as Notary Public

The Governor of the Commonwealth has appoint me to another term as Notary Public for the Commonwealth at Large. My term runs through 3/31/20015. I elected to be sworn in at the Alexandria Circuit Court.

With the letter announcing my appointment there was a document entitled IMPORTANT GUIDELINES FOR VIRGINIA NOTARIES:
Some of the main points are:
1)A notary is a public official appointed by the Governor. No employer or supervisor may impose requirements pertaining to a notary that are contrary to Virginia's laws or regulations pertaining to notaries
2} "A notary can not notarize his or her own signature , the signature of his or her spouse, or a document in which the notary or notary's spouse may benefit."
3)" Every effort should be made to have complete notarization on the same page as the signature(s)being notarized. If the notarization is on a separate page from the signature(s), the notarial statement must include the name of each person whose signature being notarized."
4)Any new notary laws will be posted on July 1 on the web site www.commonwealth.virginia.gov/OfficialDocuments/Notary/notary.cfm

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.

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.

Faulty Notary Information

Faulty Notary Information
I received an electronic newsletter from a notary organization stating that Va notaries do not a seal. This is not true and has been untrue for at least two years. VA requires all notaries to use reproducible seal or put carbon paper in a crimp.

Note: The notary organization has corrected the error on August 18,2010!!!!

Another organization stated you could renounce or negate or recall a notarization after you have finished a document and handed the document to the client.There is no statuary basis for this idea in VA. This means do not notarize if you have any question on the id or any aspect of the notarization. Always have an exit strategy if you find yourself in a hostile environment. Do not believe everything you read in print or on the internet. Refer to your VA notary handbook. If you are still puzzled, email me.

What does the Notary do if the client might be having a stroke

"Symptoms
By Mayo Clinic staff

Watch for these signs and symptoms if you think you or someone else may be having a stroke. Note when signs and symptoms begin, because the length of time they have been present may guide treatment decisions.

* Trouble with walking. You may stumble or experience sudden dizziness, loss of balance or loss of coordination.
* Trouble with speaking and understanding. You may experience confusion. You may slur your words or be unable to find the right words to explain what is happening to you (aphasia). Try to repeat a simple sentence. If you can't, you may be having a stroke.
* Paralysis or numbness on one side of your body or face. You may develop sudden numbness, weakness or paralysis on one side of your body. Try to raise both your arms over your head at the same time. If one arm begins to fall, you may be having a stroke. Similarly, one side of your mouth may droop when you try to smile.
* Trouble with seeing in one or both eyes. You may suddenly have blurred or blackened vision, or you may see double.
* Headache. A sudden, severe "bolt out of the blue" headache, which may be accompanied by vomiting, dizziness or altered consciousness, may indicate you're having a stroke.

When to see a doctor
Seek immediate medical attention if you notice any signs or symptoms of a stroke, even if they seem to fluctuate or disappear. Call 911 or your local emergency number right away. Every minute counts. Don't wait to see if symptoms go away. The longer a stroke goes untreated, the greater the potential for brain damage and disability. To maximize the effectiveness of evaluation and treatment, it's best that you get to the emergency room within 60 minutes of your first symptoms.

If you're with someone you suspect is having a stroke, watch the person carefully while waiting for emergency assistance. You may need to:

* Begin mouth-to-mouth resuscitation if the person stops breathing
* Turn the person's head to the side if vomiting occurs, which can prevent choking
* Keep the person from eating or drinking"

The mayo clinic staff did an excellent job of discussing the symptoms of stroke. The big question is what happens when the client postpones going to the hospital or refuses to got to the hospital. Building consensus with the client immediate peer group and stress the irreversible nature of a stroke would be an effective plan. If the client still has cognitive understanding of what the notary is doing, the notary may go forward with notarization cautiously.

If the person's cognitive ability fails leading to a failure to communicate, the notary should cease the notarization and call 911!!!!!

Notary 's Name is legally changed

Notaries can get married or divorced during their term of office. The VA Notary Handbook has a procedure for this:

"Occasionally it is necessary for the Office of the Secretary of the Commonwealth to certify that a notary is properly commissioned to serve in Virginia. A notary whose name is legally changed during his or her term must indicate in writing the name in which the commission was issued.
For example, if Mary Jane Smith, a notary public commissioned on July 1, 2001, changed her legal name to Mary Smith Jones, she must indicate on all notarial acts the original name in which her commission was issued. Therefore the following language should appear:

“My commission expires, this ___ day of ___, 20__.
I was commissioned a notary public as Mary Jane Smith.”



By using this additional language, Mrs. Jones will avoid confusion over her ability to serve as a notary. When she reapplies for a commission, she may do so in her new name. If you have a notary seal issued in your old name, continue to use that seal until your notary commission expires.*

Mother Giving Up Child Custody ; Relinguishment of Custody of a Child

When a mother gives up or relinquished custody to a private out of state adoption agency, there is no current requirement requiring the notary to be presented with a birth certificate. I am working at making this a requirement. If the birth certificate states the father's name this should alert the notary to a problem; especially if the mother denies knowing the name in a jurat statement. Furthermore, if the child is only a day old, the mother maybe still under the effect of medication given her during delivery of the child and not be competent to do a jurat or any other notary procedure. In my opinion, notaries should call child protective service, VA State Police, and local authorities if they detect any issues during custody relinquishment. A competent VA court can then sort out custody of the child in VA. I am strongly advocating all VA notaries insist on seeing a birth certificate during a relinquishment of a child by either parent.

According to the Washington Post. a child was removed from Virginia without permission of the father and adopted by a Utah family. A VA court awarded custody to the father. The case is being litigated in Utah under the Federal Parental Kidnapping Act. The case is going to the Utah Supreme Court. Based on news articles, proper resolution of the case consistent with the application of Federal Parental Kidnapping laws will only occur at the US Supreme Court or in Federal Court.

I think adoptions are great and I work with adopting families regularly. I am also impressed with a Census co working who kept her baby and the thoroughly integrated parenting plan she has with the father and the grandparents that allowed her to be a full time Census Enumerator!!!!!!She is going to NOVA in the Fall and will do an RN major a radiological technician degree or both.