Posted by LM on 6/7/04 6:46pm
Msg #2823

wittnesses

Hello,
I would like to know if someone is able to use people who work at a nursing home as wittnesses? I know someone who has, and I did not think that it was legal. Also When you ask for copies of the "book" of signutures is the notary supposed to copy the whole page and also include his/her licence number to prove he/she is a legal notary?

Thank you in advance

Reply by RozMW on 6/7/04 6:55pm
Msg #2824

It's okay if the witnesses can verify the signer's identity and if they have identification themselves. So the two witnesses must have I.D., then swear that they know the signer is who the signers says he/she is. In your "book" of signatures you should note that these are witnesses and note their I.D. and I.D. numbers. It more credible if the two witnesses do not know each other.

As for your second question, YEP. Although you can white out or black out all information (signatures and information) that does not pertain to that case.

Rosalind

Reply by Linda on 6/7/04 6:57pm
Msg #2825

Who is asking for a copy of your book? We do not give that out unless it is ask by the law enforcement. I did use two witnesses who worked at a nursing home. They had work there as long as the person had lived there for 10 years. I don't think there is anything illegal with that. I have not heard anything, I should say. I will be interested in heard other peoples take on this.

Reply by sue on 6/7/04 6:58pm
Msg #2826

you need to be state specific.

Nursing home employees legally can be a witness; however, perhaps their employers have rules about this.

as for copies of the 'book' that would be very state specific. I am in PA and I wouldn't give anyone a copy of anything without a court order or a very strongly worded letter from an attorney that my attorney approved of. my 'license' number is no where to be found and there is nothing to prove that I am a notary in my 'book' (called a Register in my state). I realize that if someone asks for a copy I am required to give them the specific page in question and certify it but as I stated, I wouldn't just give it to anyone for any reason

By the way, I was first commissioned in 1974 and I have never, ever had anyone ask for a copy or even to look at my records.

Reply by LM on 6/7/04 8:35pm
Msg #2827

Thank you Sue for your reply. The reason why I asked those questions is because I am in a court battle with someone who is stealing money from her Mother (passed away) and her Aunt (passed away). She got power of attornory when her Aunt was NOT of sound mind. That is what the notary was for.
Thanks again

Reply by LM on 6/7/04 8:37pm
Msg #2828

I did forget to say this question is for California

Reply by HisRoyalHughness on 6/7/04 9:21pm
Msg #2829

Be careful about withholding a register

I've never seen an opinion on this, but, assuming that a notary's register is a public record, then in Texas and some other states it would fall under the Open Records Act. No reason must be given for the request when a request is made under that act: You ask, you get. It is a criminal offense to withhold the document. I believe Florida has an act similar to Texas; in fact, the Texas act may be predicated on the Florida act.

Reply by Sylvia/FL on 6/7/04 10:34pm
Msg #2830

Re: Be careful about withholding a register

Notaries in Florida are not required to keep a journal/register

Reply by Luis ? FL on 6/8/04 4:25pm
Msg #2856

Re: Be careful about withholding a register

Sylvia, Looks Like after Oct. 1 we may have to keep Journals and require thumbprints. Check out the Gov. site for info.

Reply by PAW Notary Services on 6/8/04 9:59pm
Msg #2871

Re: Be careful about withholding a register

Luis,

Please email me with specific information about this. I have been all over the Gov's site and I can not find any reference to Florida requiring journals and thumbprints.

Thanks.

Reply by Sylvia/FL on 6/8/04 10:10pm
Msg #2872

Re: Be careful about withholding a register

The proposed bill died in committee - as have the others before it.

Reply by PAW Notary Services on 6/7/04 10:57pm
Msg #2831

Re: Be careful about withholding a register

Yes, Florida has a pretty good Public Records Act, but I don't believe our journals fall under that act until they are presented to the Secretary of State, as they are considered the property of the Notary Public. Notaries in Florida are not required to maintain a journal and are not required to submit them to the SOS. Therefore there are no standing statutes directing a notary when or when not to present the journal or any parts thereof for any reason. However, courts may subpoena the journal as it can subpoena any records of transaction that may have bearing on the case at hand, even though it is a private record.

Reply by HisRoyalHughness on 6/7/04 11:47pm
Msg #2833

Re: Be careful about withholding a register

A brief review of the Texas Open Records Act leads me to believe that it would take a real stretch to construe a notary's journal as falling under the act's terms -- like a friendly judge who owed the requestor a favor and failure to hold the journal a public record would cost taxpayers $100 million, plus the notary wasn't resisting and the judge's mother stood to save $500,000 in taxes if the judge found the journal a public record.

So, if you live in Texas -- and apparently Florida -- tell them your journal is yours, all yours.

Reply by sue on 6/8/04 7:13am
Msg #2838

Re: Be careful about withholding a register

I believe our statute indicates something along the lines of 'anyone making application'. 'making application' is pretty vague and if someone came to my front door and asked to see something, they'd be sent on their merry way. if it went a little further, per my previous post, as in a subpoena, deposition, or an attorney involved, they I'd comply as I must but I never would arbitrarily.