Posted by AB on 11/2/04 8:37pm
Msg #10809

How and what to do

I received a call today requesting notary services. The caller wanted documents signed re: property. It is her sisters property and the sister is in the hospital paralyzed. She wanted to know if the sister's son could sign. I think I know the answer but would like to be sure. I am a fairly new notary.

Reply by BrendaTX on 11/2/04 9:46pm
Msg #10813

What state are you in?

What I have to say only applies to >>Texas<< and I may not even be right...always take what you read from other notaries with a grain of salt. (Do your own research on the law.)

According to a Texas attorney (L. Anderson) who has a lot of interesting law commentary and forms online, in 1997, Texas made provisions for the notary to be able to sign for the person you describe.

However, I'd talk to the title company, even if I went to the law and verified this to be true for myself before going forward with it.


If anyone cares to refer to the link I mentioned, it is:

http://home.earthlink.net/~laanderson/lawchang.htm

Reply by PAW Notary Services on 11/2/04 10:26pm
Msg #10816

I'm not sure what you mean by "the sister's son could sign". If you mean that he could sign his mother's name, then you would have to check your statutes on how to handle signings for persons who cannot write their names. Each state has different takes and wordings on what needs to be done and how to do it. FL, for example, allows this and is well documented what the steps are to complete it. (Allows for the notary to sign by direction for the principal.)

Reply by AB on 11/4/04 10:23pm
Msg #10916

Thank you for your timely respones. I'm in California. I will go back over the statues to be sure.