Posted by Joan_SLO_CA on 11/17/04 3:21pm
Msg #11533

Can I notarize for a person in a mental ward?

Seniaro: The husband came in my employemnt and signed documents in front of me and told me his wife is in a mental ward of a hospital. The mere fact that she is in a mental ward may warrant that she is not under a "sound mind" But if I go and meet with her at the hospital and ask her questions so as to asertain that she knows what she is doing, would that be ethical? (This would be loan documents that include RE Deeds )

Reply by CaliNotary on 11/17/04 3:28pm
Msg #11535

I don't see an ethical problem with this. A person could be in a mental ward of a hospital for many reasons that wouldn't necessarily impair her ability to clearly understand what she was signing - depression, suicidal, etc.

I have no idea about the legal aspects of this, but from an ethical point of view I can't see any problem with you using your judgement on this one.

Reply by patricia on 11/17/04 4:22pm
Msg #11539

I did a loan doc signing for a borrower in a mental hospital. She had a nervous breakdown
and was refinancing her house to get a lower interest rate. We talked about this and it certainly seemed to me she knew exactly what she was doing. She absolutely needed the
money she was going to be saving by getting the lower interest rate and getting some bills
paid off too.

Reply by Jon on 11/17/04 4:22pm
Msg #11540

Before I went, I would contact the Mr and let him know that the travel fee would be payable regardless if the Mrs signed or not, as I cannot ascertain the "soundness of mind" until I get there. I would also ask what the circumstances are for her admission, to determine if I wanted to talk to her Dr before doing the notarization. Make sure you document everything you do, as the mere fact that she is in a mental ward could bring into question the notarization if someone tried to file a suit.

Reply by Joan Bergstrom on 11/17/04 11:47pm
Msg #11559

I would suggest you go to the signing in the mental ward but not complete the notary work without asking either an Admin, Doctor, Nurse to come into the room and help you make an evaluation.
DOCUMENT EVERY NAME THAT HELPED YOU AND ANYTHING ELSE THAT COULD HELP YOU IN THE FUTURE TO REMEMBER THIS NOTARY ACT IN YOUR JOURNAL!!

This is truly a cover your a-s

Reply by BrendaTX on 11/18/04 7:52am
Msg #11568

Agree with Cali and others - people in mental wards may be depressed or suicidal but also ready to do a refi.

Joan's idea about hospital staff / medical personnel coming into the room sounds very good to me. Also copious journal notes. (As my son would say: Good Call, Joan!)

Reply by Anonymous on 11/20/04 6:25am
Msg #11745

Worked in a mental institution and notarized various docs for the criminally insane for 16 years. They always had a caseworker, social worker or doctor at the table with us.