Posted by Michelle/AL on 7/31/10 7:32pm
Msg #347192

Notarizations for the Elderly

In light of an earlier post, I'd like to share my experience yesterday. Received a call from a specialty care facility (aka convalescent hospital) to notarize a Revocation of old POA, new POA, and HCD. A niece was scheduling the appointment for her elderly aunt. I ran through my usual questions re: ID, coherence, ability to write and read. I was assured there'd be no problem. Arrived at the patient's room. Asked a series of questions, checked ID, went to work.

When I finished the niece thanked me for my diligence in quizzing her aunt. She's a social worker from another state. She said it made her feel better to know that someone else was looking out for the best interest of her aunt. She had a couple of horror stories to share with me from her line of work. She said many times it isn't the complete stranger you have to be worried about. It's family members that do the most harm.

Reply by jba/fl on 7/31/10 7:44pm
Msg #347193

I can see that last line being especially true. Thanks, M. n/m

Reply by Stamper_WI on 7/31/10 8:09pm
Msg #347195

Re: I can see that last line being especially true. Thanks, M.

I have had 2 appointments with my state senator addressing the weak notary law in WI. This is one of the subjects I brought up with him. IDing the elderly in Nursing home, assisted living etc. The ones I have done have had Current ID's. It would be nice if once they reach a certain age, they did not expire.

Reply by Stamper_WI on 7/31/10 8:09pm
Msg #347196

Re: I can see that last line being especially true. Thanks, M.

Meaning the ID, not the person expiring

Reply by Bob_Chicago on 8/1/10 12:13am
Msg #347201

Illinois will issue a free, no expiration date ID to any IL

resident ,over the age of 65 upon request ( with proper proof of identity)

Reply by jba/fl on 8/1/10 9:03am
Msg #347211

Re: Illinois will issue a free, no expiration date ID to any IL

Florida does the same, although I don't know if it is free. Washington state also gives no expiration date on their state ids for those over 65. I'm sure there are others.

Reply by Michelle/AL on 7/31/10 11:52pm
Msg #347200

Good 4 U, Stamper. Please update us on how things go

with your meeting with the senator. I'd like to hear more about it.

Reply by Stamper_WI on 8/1/10 10:57am
Msg #347215

Re: Good 4 U, Stamper. Please update us on how things go

2 things.
WI historically adopts the NCCUSL ( National Underwriters code) and that is being revamped. But that does not address things like this, notary fee (50 cents) and more. We have noticed that the SOS has posted a sample test on its website.
Secondly the state senator is running for a national senate seat. He is MIA as far as I am concerned.

Reply by PAW on 7/31/10 8:12pm
Msg #347197

Re: I can see that last line being especially true.

Oh so true. Considering I live in a "retirement" area (isn't all of FL a retirement area?) I am frequently called to assisted living communities, nursing homes, hospitals and hospice care facilities. It is very difficult sometimes to get things done. And more difficult when you have to turn down the request because of the signer's situation. Family members try very hard to do what they think is right most of the time, and it really hurts when the notary has to tell them it's a no go situation. (Thankfully, the attorneys I work with are very understanding of my position and often will request my assistance in helping them find alternatives.)

Reply by James Dawson on 8/1/10 2:10am
Msg #347204

As PAW mentioned I also get a lot of business from our Seniors regarding POA, Wills ,Trust, etc. and fortunately for me, it mostly comes by way of a family attorney (there are three different ones I work with). I love it because I feel I am helping.

First of all you can "smell" the fishy ones so "you don't pet that dog" (I think Susan Fischer uses that phrase).

Having gone through this a number of times with my own family members, it's very easy to pick up where they're coming from.

All three of the attorney's I work with not only deal with trust and estate problems, they also handle court cases involving "Elder abuse" by family members, and they're good!

Reply by MW/VA on 8/1/10 11:53am
Msg #347221

Kudos, Michelle. This is an area where notaries need to be extra cautious. I've had a few situations that were questionable, but there is often a short window of time in which to get a POA done. There's a valid reason that nursing homes, etc., are not permitted to have a notary on staff.

Reply by James Dawson on 8/1/10 12:23pm
Msg #347224

I might add..just incase someone doesn't know

a old/new POA is no longer valid once the person is deceased. I had a client I had done work for the week before. They called me again The day of his passing not knowing they couldn't us it anymore , they were shocked.

Reply by desktopfull on 8/1/10 1:17pm
Msg #347230

Wonder what they wanted to change for the deceased. n/m

Reply by James Dawson on 8/1/10 1:27pm
Msg #347231

Re: Wonder what they wanted to change for the deceased.

All the accounts where frozen......trying to get some money to pay bills, Coroner hadn't processed death certificate yet.

Reply by desktopfull on 8/1/10 1:38pm
Msg #347233

Re: Wonder what they wanted to change for the deceased.

They should get hold of whomever is the executor of the estate or will (don't know how it's classified where you are) and make the arrangements to pay the bills through them. Not given legal advice, etc.

Reply by James Dawson on 8/1/10 2:16pm
Msg #347237

Re:............change for the deceased.

Yes....mind you I was there with their estate attorney the week before; they just didn't know the family member was gonna die so soon and their attorney left on vacation to Europe. I was able to make contact with her (the attorney) so she could advise them on what to do. I ended up getting to go back out after the attorney emailed them some forms to have me notarize so they could accomplish what they wanted until the attorney returned.

I was just bringing up the point that a POA does cease at some point in time so we need to be aware of what's going on.

Reply by James Dawson on 8/1/10 2:17pm
Msg #347239

Thanks for the post Michelle n/m

Reply by Cari on 8/2/10 10:05am
Msg #347282

...glad you had a great experience!