Posted by Diana Donadoni on 4/5/12 9:14am
Msg #417027

85 year old

Need help with this one. Had someone call me who has an 85 year old mom who needs a document notarized who has no drivers ID or passport. Would her social security card and her birth certificate be sufficient to ID her? I have never dealt with this one. The document is going to the social security department where an error was made on her taxes. Thanks...

Reply by Philip Johnson on 4/5/12 9:31am
Msg #417028

Can you meet this requirement?

§303. Requisites of acknowledgments.
An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument.
§304. Proof by subscribing witness.
When the execution of a conveyance is proved by a subscribing witness, such witness must state his own place of residence, and if his place of residence is in a city, the street and street number, if any thereof, and that he knew the person described in and who executed the conveyance. The proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance.

Reply by Diana Donadoni on 4/5/12 9:37am
Msg #417029

Re: Can you meet this requirement?

No I cannot meet this requirement. I don't personally know them. Maybe I should recommend that the son bring her to her local bank where they would be familiar with her. Thank you so much. Diana

Reply by CinOH on 4/5/12 9:47am
Msg #417030

Just a suggestion: you can tell her son to contact the local office of elderly affairs in their area. Sometimes there are programs that coordinate with the driver's license bureau to serve housebound elders. They will actually come out to the home and take their picture and renew/update their state identification cards for them and mail it to them in a few weeks.

Reply by Patricia/VT on 4/5/12 10:30am
Msg #417034

Meeting at her bank is a good idea. I was aCA notary, I had a ninety-five year old whose passport and CA DL had expired years before, so his bank manager & a teller who had both known him for years were subscribing witnesses. I did have to log the ID information of each subscribing witness and have each sign my log. When in doubt, check with your state's SOS.

Reply by VT_Syrup on 4/5/12 11:16am
Msg #417038

subscribing witness vs. credible witness

A credible witness is a person who appears before a notary, together with a principal, and tells the notary who the principal is. In some states the credible witness takes an oath swearing about the identity of the principal. A subscribing witness appears before an authorized official and signs a statement that the principal signed a document on some previous occasion; this is done INSTEAD of having the principal appear before the authorized official.

I understand that notaries in New York and California can, under some circumstances, be the official that the subscribing witness can appear before. In my state, the subscribing witness would have to appear before a judge.

These are the way terms are usually used in general descriptions of notary law in the US; of course individual states can make up their own terminology.

Reply by Patricia/VT on 4/5/12 1:07pm
Msg #417050

Re: subscribing witness vs. credible witness

They were, actually, credible identifying witnesses. California at the time required two.

Reply by Luckydog on 4/6/12 8:06am
Msg #417139

She needs to have a state ID for her medicare. How can someone her age with Drs. visits etc not have a legal ID? I would insist she go and get one for her own benefit. I do not think the local bank will even do it, maybe a small town, but in this day and age I doubt they will not take on that liability.

Reply by MikeC/TX on 4/5/12 4:06pm
Msg #417083

For future reference

When I was in NY, similar situations came up once or twice. NY's only ID requirement is that it be based on satisfactory evidence - they don't define what that is. If you check the DMV's web site, you'll see the list of documents that are acceptable for getting a license or non-driver id card (there's a point system, so sometimes multiple documents are required). Using the logic that if these are the documents required for getting the license or ID in the first place, I could use these in a pinch if I had to.

Ultimately, you have to be comfortable with what you consider to be satisfactory evidence. At the time, I figured that if it was good enough for the DMV, it was good enough for me. Your mileage may vary.

Reply by Diana Donadoni on 4/5/12 9:06pm
Msg #417113

Re: For future reference

Thank you everyone who responded.