Posted by NotaryAL/FL on 4/19/12 8:51am
Msg #418255

FL Notaries. I have a Question

I have a signing job for tomorrow. I called the Borrower to confirm time and place, after a small nice conversation, at the end he quickly mentioned that his wife (she is the co-borrower) has Alzheimer’s, and the conversation ended.

I don't have the docs yet. I have not done a notarization for someone with Alzheimer’s before. I have been a notary since 2004 and doing closings for the past 4 years.

I know I have to ask her the typical questions and make sure she understands what she is doing.

But I don't know if either lender nor title knows of this situation. Should I let the Tittle know? And if she doesn't respond correctly to my questions. Should I ask for a POW?

Thanks for your help.

Reply by MistarellaFL on 4/19/12 9:02am
Msg #418256

I would wait and see

As there are differing levels of Alzheimer's.
She may be lucid that day and capable of signing, as determined by your ascertation.
No need to upset the apple cart until you know.
As far as POW? I think you meant POA, and if that's correct:
Generally, POA siginings must be approved by the lender in advance.
It's likely that you will not be able to make that decision.

Reply by NotaryAL/FL on 4/19/12 9:24am
Msg #418263

Re: I would wait and see

Yes, that's what I meant POA. I have a POW logo on my desktop.

Thanks for the advice.

Reply by MW/VA on 4/19/12 9:27am
Msg #418264

Not, FL, but this would apply anywhere. I think I would

have asked if she was capable of knowing what she was signing and also if he had POA.
Yes, I would let title know. The loan/docs are not your call to make, but whether or not you can notarize for someone who is impaired is your call.

Reply by Luckydog on 4/19/12 1:38pm
Msg #418321

Re: Not, FL, but this would apply anywhere. I think I would

I would deff. let title know, and if she is incapable of fully understanding, the husband will have to get a POA first, and then reclose when it is taken care of. By him disclosing to you that she has this disease up front, sort of make you a willing participant. Better if he did not tell you. At this point, I would be concerned, especially if she is signing everything. If she is not on note, just the TIL, Mortgage, RTC perhaps better. She is not liable for the note, which is the main thing.

Reply by ikando on 4/19/12 7:27pm
Msg #418368

Re: Not, FL, but this would apply anywhere. I think I would

If the spouse is at the stage where she would not understand what she's signing, she would not be able to give POA. Should have been done earlier. That's what I have to tell people who call for GNW in similar situations.

Reply by LKT/CA on 4/19/12 9:43pm
Msg #418375

I spoke to attorneys I networked with about this issue awhile back and each said the same thing (in different ways). People with alzheimers have times of clarity and lucidity and as long as the person is lucid and aware *in the notary's presence*, then that's what matters. If the signer thinks they're on Mars before the notary arrives and after the notary leaves, that's not the notary's concern or responsibility.

You may only be able to find this out at the appointment. Regardless of whether the lender or title knows is also NOT the notary's concern. But of course, if your state's laws address this issue, by all means follow that.

Reply by Clem/CA on 4/19/12 9:53pm
Msg #418377

The best answer yet