Posted by pat/WA on 2/14/11 12:16pm
Msg #372679

Nursing home notarizations

We are asked quite often if we will notarize documents for persons confined to nursing homes. This becomes a problem when the bedridden signer has no current picture ID. They usually have expired drivers licenses. We have been turning them down but this problem is occurs often.
Any suggestions?

Reply by FlaNotary2 on 2/14/11 12:20pm
Msg #372680

What kind of suggestions are you wanting?

If the person has absolutely no ID (not just D/Ls, but passports, military IDs, etc.) and is physically unable to go to the DMV, then credible witnesses are in order.

Other than that I don't know what suggestions we could give you.

Reply by pat/WA on 2/14/11 12:24pm
Msg #372683

Re: What kind of suggestions are you wanting?

They have expired ID (drivers license) Usually several years old.

Reply by FlaNotary2 on 2/14/11 12:26pm
Msg #372684

What do your laws say?

In Florida, we can't accept an ID unless it is either current or has been issued within the past 5 years.

If your laws don't allow you to accept expired ID, then again, credible witness would be in order.

Its either valid ID or credible witnesses. Those are the only two options.

Reply by Linda_H/FL on 2/14/11 12:30pm
Msg #372685

Looks like you have a problem Pat..unless they can

get some form of "satisfactory" paper ID...or you can find a CW that knows both you AND the signer. Question is, what are identification documents? Your manual doesn't seem to be very clear on that..

"(8) A notary public has satisfactory evidence that a person is the person described in a document if that person: (a) Is personally known to the notary public; (b) is identified upon the oath or affirmation of a credible witness personally known to the notary public; or (c) is
identified on the basis of identification documents."

Reply by PAW on 2/14/11 1:09pm
Msg #372690

Not a lot of options ...

From the WA Notary Administrative Code - 308-30-155:

Satisfactory evidence of an individual identity shall be based on one of the following:
(1) Current documents issued by a federal or state government with the individual's photograph, signature, and physical description.
(2) The oath or affirmation of a credible person who personally knows the individual.
[Statutory Authority: RCW 42.44.190. 93-05-009, § 308-30-155, filed 2/5/93, effective 3/8/93.]


From the WA Notary Statutes - RCW 42.44.080

Standards for notarial acts.
A notary public is authorized to perform notarial acts in this state. Notarial acts shall be performed in accordance with the following, as applicable:

(8) A notary public has satisfactory evidence that a person is the person described in a document if that person: (a) Is personally known to the notary public; (b) is identified upon the oath or affirmation of a credible witness personally known to the notary public; or (c) is identified on the basis of identification documents.

Citing the above limitations, doesn't leave you much to work with if their is no current ID, you don't know the signer, and you don't know of anyone who knows both you and the signer. (Using two credible witnesses is not an option in Washington state.)

I don't know if contacting the Washington state Department of Licensing will help.

Reply by Ronnie_WA on 2/14/11 6:29pm
Msg #372751

Credible witness personally known (not identified) to both yourself and the affiant. No other option available to you. You are aware that the Driver License is the only ID that qualifies in WA because passports and military ID do not contain the physical description of the individual. The DOL says we're stuck with that for several years until the model notary act is adopted in WA.

Reply by Philip Johnson on 2/14/11 8:14pm
Msg #372768

You might want to look at a military ID

Mine has my picture,height,weight,hair and eye color on it, which meets the requirements here in WA.

Reply by Ronnie_WA on 2/15/11 12:19am
Msg #372789

Re: You might want to look at a military ID

Yes, some do, -- mostly I get handed ones with the microchips and not much else on them. I shouldn't have been totally generalized in my statement

Reply by FeliseSoCal on 2/14/11 7:03pm
Msg #372759

I always confirm whether they have ID, and that the borrower is coherent before setting up the appointment. If their ID is not current, I have them provide 2 credible witnesses at the time of the appointment. If the borrower is not coherent, I won't notarize.

Reply by LKT/CA on 2/14/11 9:57pm
Msg #372783

Continue to screen callers so you don't waste your time - sometimes family members will lie and say they have the patient's ID to get you to the facility, thinking you'll feel sorry for them and notarize anyway. One way to filter this out is to ask for the ID's expiration and issue dates. This will force family members to admit that they don't really have the ID after all, if that in fact, is the case.

I did some general notary work recently (not nursing home type) for three gentlemen. On the phone, I asked the caller if each person had a current ID - the answer was yes. When I arrived, only one had ID. The other two had lost/stolen ID and had slips from the DMV showing they got duplicates. I told them I needed the actual ID. One of them said he had a valid passport at home but he refused to go get it. The one guy who did have the ID (and who was the one who called to make the appointment) got angry with the other two and almost cursed them out! He was hotter than a pistol!!!

Sometimes,.....no many times, people lie to get you to the appointment.