Posted by stamper on 5/17/05 8:23am
Msg #38270
No ID in Nursing home
I recently had an out of state attornet contacy me to go to a nursing home to have a patient there sign a release of a life estate. The woman was in a wheelchair but was bright and aware of what she was doing....but had no form of identification other than her name on her wheelchair ( and probably on her name tag in her clothes). I was lucky in that I knew this woman, but it got me to thinking about what would I do if I didn't.
Her daughter was there but it occured to me the daughter benefitted from the signiture on the doc's. A nurse would be able to verify her Id as well as well as to her competency if that was in question. What would the proper procedure? Is there a standard legal form for 3rd party affirmation or attestment?
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Reply by PAW_Fl on 5/17/05 8:40am
Msg #38272
Signer identity laws for notaries vary from state to state, so, in order to properly answer your question, you need to provide your state information.
User should put there state abbreviation in the "author" line, such as "Paul_FL" or "Notary-IL" so others can answer any state specific questions or provide state specific guidelines.
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Reply by Ernest_CT on 5/17/05 10:21am
Msg #38283
Echoing PAW_FL, and ...
... people who post annonymously are much less likely to get meaningful answers than those who use a name in addition to their two-letter state abbreviation. People get to know each other through this Forum. PAW_FL is very knowledgable on matters notarial and computical. Sylvia is an expert on Florida notary law. And the list goes on....
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Reply by stamper_WI on 5/17/05 11:33am
Msg #38330
Thanks for the tip. My question still stands if there are other WI notaries out there!
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Reply by PAW_Fl on 5/17/05 11:47am
Msg #38332
From what I've read in the Wisconsin Notary Information brochure (all 35 pages of it), there is no specific guidelines as to what constitutes valid identification. Therefore, the method and completeness of the identification process resides with the notary. You, the notary, must be prudent and deliberate in your approach to "reasonably and satisfactorily" identify the signer to be the person they say they are.
Here's a sample dialog that is from that brochure:
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Notary: Do you have some forms of identification showing your name and address,
and with pictures and signatures, that I could use to verify your identity? I’d like at
least two.
Signing Party: Yes. I have a driver’s license with a picture and a signature, and a
picture credit card. Here, will they do?
Notary: (Examines and returns identification.) Yes. Thank you. Please don’t put
your ID’s away. I’ll need to look at them later. Would you please show me the
document you need to have notarized?
------------------------------------------------------------------------
You need to satisfy yourself that the signer is identified.
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Reply by Ernest_CT on 5/17/05 11:48am
Msg #38333
Thank you for putting _WI in your Author name. It really does help!
Because I'm in CT I can't give you a WI answer. If you can't find a solid answer in your state's notary handbook / manual, a call to your Secretary of State's Office would be the best, but it may take a while to get an answer.
Have you considered asking at your town hall? (No, I'm not being a smart-aleck [this time].) One of your assistant town clerks (or the equivalent) or someone in the Probate Office would probably have some guidance. Just be prepared for legal tapdancing.
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Reply by stamper_WI on 5/17/05 2:15pm
Msg #38382
Thanks to both of you! As you found out, WI has such a detailed Handbook! Lender requirements are usually more stringent than the State! In this case there was no lender requirements. I have emailed the State and will let you know what they say!
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