Posted by Anonymous on 2/8/05 5:57pm
Msg #19826

Susan

for P.O.A. notories someone needs a notary done for someone in a converlesant home. I asked if the person was coherant and they said sometimes. How should this be handled.

Reply by Anonymous on 2/8/05 6:32pm
Msg #19830

Susan,

As a Notary, you are not allowed to witness signatures of someone who does not know who they are or what they are signing. You may contact the Lender to see if there is a Power-of-attorney who will be present or a Lawyer. Sometimes, and it is unfortunate, but sons and daughters will try things, not to mention husbands and other. (No picking on any one person specifically). When you arrive, be sure to have, what some Lenders and Title companies use, a sign in sheet. Make one. Simply put "Attendees at Closing on __________ ". Have 10 lines below, have each one verify their identity with ID. Protect yourself. This may be a situation where the E & O is extremely important and you do not want to have to use it.
Let us know how it went. :} Lori

Reply by Becca/FL on 2/8/05 9:35pm
Msg #19850

Okay, let me see if I understand this. Are you are asking if the grantor of the POA has to be coherent?

If so, the answer is yes. As a Notary, it is your duty to make sure that the document signer has an understanding of what he/she is signing and he/she is signing on his/her own free will.

Being that I live in an area of Florida where 65% of the population is over the age of 65, I run into this a lot. I have had to refuse to Notarize POA's and Trust amendments because the grantor had no idea what the heck was going on. It is VERY SAD. I had one two weeks ago and it lefted me depressed all day. I called my father and made him promiss to get his stuff together now, while he still could. Most times, from what I have seen, the kids just want to be able to do the right thing for their aged parent.

Sorry, I digress. Anyway, to answer your question, ask if there is a "better time" for the person signing. Explain that you will have to charge a trip fee even if you can not complete the Notarization. If you determine that the signer does not understand or is not signing or their own free will, REFUSE. When I refuse, I always let the family know it is for their protection too. Then, I let them know, they may be able to find a Notary to do it, but it will not be me.

I have one tomorrow. I hope the signer knows what day it is.

Reply by Ernest_CT on 2/8/05 10:21pm
Msg #19866

If there is any doubt, WALK AWAY! n/m