Posted by Shelly_FL on 2/26/10 8:56am
Msg #324358

Draft vs no Draft on Living Wills

I was asked to notarize a Living Will last night that had in bold red letters "DRAFT" on the cover page. When asked what that meant, I explained that I could not advise or give my opinion, an easy way out, I admit.

Does anyone know if this will invalidate the document? Does this mean that the person (law office) who created the document must execute it as well?

I would like to know for future reference. Thanks!

Reply by Les_CO on 2/26/10 9:15am
Msg #324361


I would say that it was not a final version, incomplete, a preliminary outline of the final document.
I don’t think I’d notarize signatures on an incomplete document.
I’m not a lawyer, there are many that contribute here that can answer better that I.

Reply by jba/fl on 2/26/10 9:33am
Msg #324364

I really don't know for certain but have a theory about it: it is to deter plagerism and/or non payment.
or
A document may also be given to a client so that they can pencil in what they might have forgotten. It also could be that the attorney has not been paid yet, so everything s/he gives to the client either is on paper says 'draft', which is printed on the paper in big letters to indicate that this is just that. It is also to remind the client there is more to be done or needs, in case of copy, to be filed instead of just sitting on the kitchen counter.

I don't know about the legality of such, but I don't think I would want my "final" paperwork to say "draft" as that would look like it was incomplete and/or in need of further consideration. Of course, I could then argue later that this was not final, therefore, . . .

Someone with greater understanding will come along and correct me if needed - and I do love this question so look forward to the answer.

PS: You would think that if it were non-payment issue they would have enough sense to reprint this - oh, the things people do.

Reply by Susan Fischer on 2/27/10 12:04am
Msg #324471

I wouldn't hesitate to notarize a signature on a 'draft.'

It would take someone disputing the validity of the signatory's intent in court to bring a question, and from my point of duty, I did as the signer asked within the law. Not for me to determine, or even question the word "draft" on the docs, or whether the signer meant something else.

It's been said: Don't analyze, notarize.