Reply by LKT/CA on 8/1/12 8:17pm
Msg #429031
The Indiana guidebook says: In the event a notary public does not know the person presenting the instrument for notarization, the notary should do the following:
1. Ask the person for identification (driver's license), or
2. Have another person identify the party requesting notarization.
3. If neither option is available or satisfactory, the notary may ask the person to take an oath as to his/her
identity.
4. If these attempts at identification are unsuccessful, the notary may refuse service for his/her own
protection.
Looks like #2 equates to the use of a credible witness. However, if you are not comfortable notarizing a POA without picture ID, then your state allows the notary to refuse {for your own protection}.
Recently, I had an appt to meet with a elderly lady (I'll call her "Mary") at her son's home to notarize a POA. "Mary" lives in a nursing home but has a driver to take her to the son's house. Well, she forgot to bring her ID so the appt was rescheduled. Then, I get a call from the daughter-in-law (I'll call her "Shirley") that "Mary" cannot find her ID and the nursing home told her two non-family members can identify "Mary". I said, yes that's called credible witnesses and is only used as a last resort. "Mary" is ambulatory and someone can take her to get a duplicate if she cannot find her ID.
Well, "Shirley" proceeded to tell me how inconvenient it was to get another ID for "Mary". At the end of that conversation, you would have thought it was MY fault that "Mary" misplaced her ID. Apparently, "Shirley" spoke to another notary who told her to have the POA witnessed rather than notarized and to take "Mary" and get her ID.
Needless to say, "Shirley" was not happy I wouldn't bow to her insistence of using the 2 credible witnesses.
Only you must be accountable for your commission so refuse the appt if you aren't comfortable handling this.
|
