Posted by Abraham Sandoval on 5/26/09 8:58pm
Msg #290007

Question...

My father who has the same name as me wants me to notarize a paper for him proving his identity because he wants to build a wall between him and his neighbor. Would this be ok, I mean I have no financial interest in anything, it is just a wall. TIA

Reply by Philip Johnson on 5/26/09 9:05pm
Msg #290008

I saw your answer on page ...... of your handbook n/m

Reply by Claudine Osborne on 5/26/09 9:27pm
Msg #290011

I do not know your state law, but I would not do it! In Ohio we are not to notarize for family!

Reply by SharonH/OH on 5/27/09 5:34am
Msg #290046

Claudine: What's your source on this? Although I agree with the consensus that it is a bad idea, and I would not do it, to my knowledge Ohio law does allow it if the notary has no interest. See http://www.geaugabar.org/Notary/NotaryBook.pdf, page 18.

Reply by Gary Boehm on 5/27/09 1:28pm
Msg #290084

I agree...

It struck me as odd too. If my sister wants to sell a car to her neighbor there is no reason why I can't Notarize the Title. But when my dad sold a car to ME a couple of months ago... no, we went to someone else.

Reply by Gary_CA on 5/26/09 10:16pm
Msg #290019

Bad habit

First of all, if you're a likely heir to the estate that owns the wall, there is a conflict.

But the better policy is simply not to notarize for family. That way next time you wouln't have to explain why you could last time but not this time but...

Besides nobody else will wake you up early or ask you to notarize something on Thanksgiving.

Just say no.

Reply by Dennis D Broadbooks on 5/27/09 4:34am
Msg #290044

Speaking of Bad Habits...

...do you see who's currently 4th in the outfield balloting for the All-Star game this year?

Reply by LKT/CA on 5/26/09 10:56pm
Msg #290028

<<<My father who has the same name as me.....>>>

All the more reason NOT to notarize his signature...(or any other family member). Legally, we can, but like Gary said....not a good practice. Does he have a AAA (auto club) card? Send him to one of their offices...depending on the level of membership he purchased, he could pay as little as $7 or with a Premier membership, it's free.

Reply by Abraham Sandoval on 5/27/09 12:02am
Msg #290036

Actually I am not sure, I was not aware of those benefits, thank you for informing me.

Reply by Abraham Sandoval on 5/27/09 12:01am
Msg #290035

Yes, I think Gary your right, its just that being my father an all, I felt kind of bad seeing as it is just a brick wall he wants but, I guess better safe than sorry.

Reply by sue_pa on 5/27/09 7:50am
Msg #290050

family dynamics

Having the same name, I'd probably not do it just to avoid questions at some point.

Other than that, unless prohibited by your state, I see no reason not to notarize for family. What kind of families do the posters have who feel across the board it is a bad thing? Gasp, in the past year I've notarized something for my dad, my sister and her husband, my daughter and my sweetums. My state says (basically, I am not looking up the exact wording) I cannot have a direct financial interest in the transaction. My dad getting a duplicate drivers license, my sister filling out a form for a lost $50 savings bond, my daughter's insurance form, and my sweetums disputing credit card charges are NEVER going to come back to haunt me. Naturally, no one has given me my $5 fee !!!

Reply by Abraham Sandoval on 5/27/09 9:47am
Msg #290061

Re: family dynamics

That is exactly what i was thinking, a brick wall is going to bring me no cash flow. But, I once again I guess I can't because he does have my name.

Reply by LKT/CA on 5/27/09 12:45pm
Msg #290080

Re: family dynamics

It's not only about a financial interest - you also cannot be named in the document.....you may notarize your family member's signature on a document that has nothing to do with a financial interest or inheritance rights - unaware that your name is buried in that doc....somewhere on page 4 of 10 pages.

It's ultimately up to you as to what you wish to do......didn't you ask this same question a few months back?

Reply by cdoty_IL on 5/27/09 10:54am
Msg #290066

Re: family dynamics

Sue, I am with you on this. I have notarized docs for my dad, mom, father-in-law and my grandmother, all of which were transactions where I would not be of any interest (now or in the future). I do not see a problem with it, and I was not going to tell my grandma to go to the local bank herself and have someone else do it. Of course, in this case with the same name issue....I would not risk it as it would pose to many questions and would first appear to anyone as you just notarized your own signature.

Reply by NCLisa on 5/27/09 12:38pm
Msg #290078

You do have a financial interest in your fathers property! You are one of his heirs, which gives you possible financial interest in his property!

Reply by MikeC/NY on 5/27/09 4:51pm
Msg #290111

Every State is different...

"You do have a financial interest in your fathers property! You are one of his heirs, which gives you possible financial interest in his property! "

That's too general a statement. In NY, case law has it that the notary cannot have a DIRECT financial interest in the transaction. Something that may or may not happen 20 years down the road doesn't necessarily fall under that, so what he's talking about would likely be OK in NY - but could be illegal in another State. Unless your State has clear guidelines, I agree with sue_pa's approach - common sense should rule, and you should be able to figure out if this thing you're being asked to do can come back and haunt you later...

Having the same name adds another level of complexity; my guess is that it's not a good idea to notarize in that case, because of the possibility of confusion in the future if the document is ever questioned. Signatures wouldn't look the same, but still....

Reply by parkerc/ME on 5/27/09 8:39pm
Msg #290128

Our state prohibits notarizing for any family member for any reason (except we can perform marriages for relatives). Even if we were not prohibited from notarizing for family, I personally would not do it. It sets up a red flag and could be perceived as a conflict of interest . . . the key word being "perception" by someone else. JMHO.