Posted by Carol_SoCal on 8/17/05 7:01pm
Msg #59754

What’a ya think?

Have neighbor with a mother who is "developing Alzheimer disease"...son is feeling the pinch of having to care for his mother and is seriously thinking about putting her in a nursing home: Neighbor calls me to see if I will do a notarization on an Advanced Health Care Directive and Power of Attorney. His mother is resistant about signing any documents, but he is, and I quote "conning her" in to believing that she needs to sign the paperwork in order for him to apply for food stamps for her. I told him that since he divulged that information to me that I would not, and could not ethically notarize any for him and his mother. He calls me back today and claims that since our conversation he has spoken with his mother, saying that he “felt bad” about trying to con her and would I reconsider doing the notarizations. What’a ya think?

Reply by BarbaraL_CA on 8/17/05 7:32pm
Msg #59764

I wouldn't listen to anything the son says. Listen to the mother only and if you have doubts don't do it, or suggest and attorney get involved.

Reply by jan on 8/17/05 7:33pm
Msg #59765

When in doubt. . . don't

Reply by lynn on 8/17/05 8:09pm
Msg #59770

I DEFINETLY WOULDN'T DO THAT ONE. N/M

Reply by MelissaM/FL on 8/17/05 8:24pm
Msg #59773

I wouldn't touch this one with a 10 foot pole. He told you he's conning her, therefore I'd never notarize these docs. Let him go to an attorney and try to get the docs done. At least that way you have protected your commission.

Reply by *** Amada Preciado*** on 8/17/05 8:49pm
Msg #59782

Leave it alone..

Reply by Jenny/CA on 8/17/05 11:19pm
Msg #59815

Don't forget, as a Notary Public you need to qualify the signer by asking her if she is signing on her own free will? Is she aware of what she is signing and the consequences of her signing? You also have the right to ask that the son step outside while she signs and you notarize.

Reply by CaliNotary on 8/18/05 12:00am
Msg #59820

Not only would I not do the notarization (a no brainer) but I would find out the appropriate place to report him for possible elder abuse (I don't know if that's the right phrase, but I know there are agencies whose job it is to protect the elderly against stuff like this) and let the situation be investigated. There are appropriate legal ways to deal with a parent who is losing their mental facilities, but what he tried to do is just disgusting.

Reply by Jenny/CA on 8/18/05 12:28am
Msg #59826

I beleive that care facilities for the elderly have such phone #'s.

Reply by Barry-FL on 8/18/05 7:31am
Msg #59844

Stay away from this notarization. You have already identified the mother as more than likely having Diminished Capacity; the son has told you he is trying to do something illegal; and your state law forbids you for notarizing documents where you are aware of these factors.

Reply by Dave_CA on 8/18/05 9:12am
Msg #59858

another consideration

If you care enough about the Mother to get involved you could meet and make certain that she understands what she would be signing and is doing so of her own free will.
If not, you refuse to sign and it should be more difficult for the son to get a less ethical notary in and con the Mother into signing.

I would have to think about this some more before doing it myself and I'm certainly not giving legal advice. I just wanted to start a discussion on an alternative way to handle this situation.

Reply by Charm_AL on 8/18/05 9:25am
Msg #59861

Carol...

As a professional and with this knowledge, I would report this immediately. I've seen this type of abuse firsthand, and I'd like to take this guy to a target practice range!

http://www.scvmed.org/channel/0,4770,chid%253D117639%2526sid%253D10710,00.html

Reply by Jenny/CA on 8/18/05 11:33am
Msg #59890

Re: the link

This is an excellent link. My mother used to take care of elderly folk at their homes when my siblings and I were teen-agers. There is this one lady that always comes to mind when I think of financial abuse by family members.
She was wealthy, proud, in a wheelchair, and very dependent on others (physically). We loved her very much. She would always stress that she wanted to live in her home never in a group home. The same nephew that she would complain about because he and his family members would help themselves to her property, dismissed my mother, put his aunt in a group home and within a year she was dead. We were told that she became very depressed.