Posted by LS on 6/9/04 7:30pm
Msg #2917

finding the right notary

Iam wondering if a notary can notarized something when a person is not of sound mind?
I know someone who had a power of attonary notarized for their aunt that was not of sound mind. I am guessing that this can not be legal.

Reply by HisHughness on 6/9/04 8:30pm
Msg #2918

Texas law is silent about the mental capacity of the signer, best I can tell. We seem to be concerned only about the verifying the identity of the signer, not whether they have the capacity to sign. However, I think I would be quite wary of accepting either an acknowledge or a jurat from an intoxicated person, a mentally ill or mentally deficient person, or a juvenile.

Reply by PAW Notary Services on 6/9/04 9:50pm
Msg #2928

Not in Florida. If the notary public actually knows that the person signing the document has been adjudicated mentally incapacitated, the notary cannot notarize the signature of that person. (§117.107(4)) Further, a notary cannot notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization. (§117.107(5))

The law prohibits you from notarizing the signature of a person who you know has been adjudicated mentally incapacitated by a court of competent jurisdiction if that notarization pertains to a right that has been removed.

These rights refer to such things as the right to vote, to marry, to execute
conveyances of real property, etc.

What if the person is usually mentally competent, but is medicated at the time of the notarization, or what if a family member says the person is "in and out" of lucidity due to Alzheimer's disease or some other mentally debilitating ailment?

When performing any notarization, you should question the signer to determine that he or she is willing and competent to execute the document. The following suggestions may be helpful:


You may want to have an impartial witness for the notarization.


If you are asked to go to a hospital or nursing home to provide services, check with the patient's nurse or doctor prior to notarization.


Talk to the person alone. Ask questions unrelated to the notarization. Ask for his name, home address, and telephone number. You could also engage the person in a conversation about his family, his occupation, a television program, a recent news event, etc.


Ask the signer to tell you about the document to be notarized. What kind of document do you need to sign? Have you read the document completely? Do you understand the document? Do you need someone to explain the contents of the document to you? Has anyone pressured you to sign this document?


If you feel the person is mentally competent at the time, proceed. If in doubt, don't do it!


If you keep a record of your notarial acts, document the special circumstances of this notarization - even if you must refuse to notarize.


Have the witness sign your journal.

(Source: Florida Governor's Reference Manual for Notaries)

Reply by BrendaTX on 6/10/04 9:51am
Msg #2945

My grandmother was ill with senility ten plus years ago to the extent she was unable to tell a doll from a child on her bad days. My aunt asked me if my other aunt (environmental attorney) did the will, poas, etc., would I do the notary work on it? My parent was not against the idea either. I said no, of course, because she was my grandmother. That was reason enough to refuse.

His Hughness is right about the vagueness of Texas Notary Law as it applies to sound mind. (I know you are thrilled to get this approval from me Hugh :>)
Best regards, Brenda