"If someone has ID, it is not "very difficult or impossible" for them to obtain one - because they already have one."
Robert, you're making my point for me here. A lot of notaries here feel that way. But... that's an opinion more than a fact. You can only refuse for things you KNOW to be untrue. Like I said, the "difficult or impossible" requirement is not a determination for the Notary to make. If the CW believes it to be true and is willing to swear to it... than it is what it is. We (in CA) can only refuse if we know they are lying. How can you determine if somebody's "reasonable belief" is a lie?
Lets say you have 5 random people in front of you. You asked all of them to bend over and touch their toes. Well, some of them can do it easily... others not at all. For others it could be a real struggle. From your point of view, you're looking at 5 people who appear to be capable. But, what if one of the guys has severe arthritis, scoliosis and neurological condition that makes moving/bending over intolerable? The act of bending over to touch his toes may be extremely difficult and painful, and perhaps even ill-advised. But... YOU think he should be able to do it if he just tried hard enough, right... after all... he's got two arms and two legs... just bend over already!
What I'm trying to impart is that "reasonable belief" does not equate to fact... and the notary cannot take their opinion and impose it as fact. And, as I said before, the "very difficult or impossible" belief is not up to the notary to decide, it's up to the CW.
|
