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Posted by  LKT/CA on 7/24/11 10:11pm
Since CWs cannot benefit financially from the transaction, nor can they be named in the document, that means beneficiaries and heirs (immediate family and to a degree extended family) cannot be CWs.......with that said, I also tell people CWs cannot be related to the principle by blood, marriage or adoption. The beneficiary does not have to be family related and are excluded as a CW.
Imagine the whole family fighting in court over who will have guardianship over "grandma" - financially and healthwise. Powers of attorney forms, financial documents and healthcare directives were notarized and CWs were used because "grandma" had no valid ID....her DL expired 20 years ago and no one bothered to get her a state ID card.
One family member doesn't like that so-and-so is in charge of grandma so he/she sues and names all of the family and the Notary as defendants......every decision made on grandmas behalf and every part of the notarizations are scrutinized, down to who were the CWs and the Notary's journal shows that two family members were the CWs - those two CW are heirs down the line somewhere. Though this was explained to the CWs at the time of the notarizations but they thought nothing of it since they are family members "down the line". Well, the judge declares the family members are not down the line but "up the line".....enough so that they should not have been CWs. The Notary will be blamed for this.
So to avoid any such possible scenario to ever creep upon me, I instruct people to have CWs that are NOT related to the principle by blood, marriage or adoption and I have these CWs take an oath to this along with the oath that the principal person before us is in fact John/Jane Doe. Just as I ask for fingerprints from ALL signers, regardless of the doc, and I do NOT notarize for anyone related to me by blood, marriage or adoption, I ensure that CWs are NOT related to the principal signer.
Though it may be legal, I do not believe it is in the best interest of anyone to use family as CWs. Too much liability on the Notary - IMHO. |
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