<<<You do not sign unless the notary is present.>>>
Yes, that's standard operating procedure to advise callers to completely fill out their forms but do not sign until in the presence of a notary. However, in rare cases, folks sign ahead of the appointment. CA notary law allows that the signer must verbally acknowledge their signature. If the cert is a jurat, they must sign again in the notary's presence, usually somewhere close to the first signature. I always advise them that going forward not to sign until the notary's present (regardless of the cert).
However, when dealing with the elderly, sometimes reviewing and signing the document is like climbing Mount Everest for that Senior. An actual signature is always preferred over a signature by mark - no matter how wobbly the signature is. Like the OP, I'd get the signature when I can get it rather than hope my parent can sign in the notary's presence. My parent can acknowledge their signature and I date it myself at the point of verbal acknowledging. Again, that isn't SOP but an allowable, legal exception was exercised. |
