Posted by Dennis_IN on 2/27/12 12:45pm
Msg #413202

Help.. I am being asked to

Notarize the signature of someone in a nursing home that is so weak they cannot sign their name very well. I am told that they understand and can carry on a conversation. Of course, I will verify this. Can I notarize their signature if they attempt to sign and it is not legible? They do have a valid picture ID. Your input is much appreciated.

Reply by Buddy Young on 2/27/12 12:48pm
Msg #413203

I don't think week is an issue.

You just have to make sure they know what they are signing and that they are signing of their own free will.

You also have to make sure they understand and have their wits about them.

Reply by Lee/AR on 2/27/12 12:55pm
Msg #413207

Having watched my own mother go thru this, yes, she knew exactly what she was signing (matter of fact, it was her idea), but, with a dislocated shoulder of the 'writing hand', she could barely hold the pen and her 'signature' was pretty awful, but, the notary had ID'd her, knew she was mentally sound and 'watched her sign', which is, after all, what notaries do, right?

Reply by Linda_H/FL on 2/27/12 1:22pm
Msg #413214

Perhaps a signature by mark is in order if allowed in your

state? If so, perfectly legal as long as you're sure she is mentally with it.

Reply by TacomaBoy on 2/27/12 2:01pm
Msg #413218

Careful!

I'm OK with the physical part. However, I would check with the attending nurse about medications being administered which could seriously impair the affiant's ability to make critical decisions.

Reply by Linda_H/FL on 2/27/12 2:12pm
Msg #413220

You do realize the staff doesn't have to tell you anything

HIPAA and all those privacy regulations. You really don't even have the right to speak to them and question them about it. Unfortunately, it's a determination I think you have to make on your own and relying on info from the patient's family.

Reply by Les_CO on 2/27/12 2:12pm
Msg #413221

I had a situation where a woman was recovering from a (mild) stroke, her left hand was somewhat impaired, but she had ID, and was totally aware of what was going on, she signed with her right hand, but she was left handed. Not much of a signature, and looked nothing like her ID signature. I was convinced it truly was her, and I watched her sign the document…therefore I notarized her signature. Just for laughs take a piece of paper and try and sign your name with the hand you do not use to sign with normally…does it look the same as your ‘normal’ signature? Did you legally sign that paper?

Reply by Susan Fischer on 2/27/12 3:59pm
Msg #413239

Les, yes, that would be, and has been, my legal sig,

since it was my brain telling my left hand to sign my name.

Reply by Les_CO on 2/27/12 4:11pm
Msg #413242

Re: Les, yes, that would be, and has been, my legal sig,

That was the point I was trying to make. I see a question almost every week about ‘legal signatures” etc. I don’t know why? The answer is easy. If we notaries witness someone actually sign a document that is their legal signature. It may differ from time to time, or from document to document, and it may be in perfect cursive or an illegible scrawl, it is still their legal signature. And we offer ours as proof thereof.

Reply by Susan Fischer on 2/27/12 2:43pm
Msg #413226

Time to re-introduce the PenAgain:

http://www.penagain.com/

These are very helpful for the writing impaired, arthritis sufferers, kids, and a whole bunch of other hands that need help.

They can be found for very cheap if you Google and poke around the 'net. I'd give them away to my poor little old folk signers, to those with broken bones, stroke victims, etc.

Check 'em out.

As to the OP's question - ligibility is not the issue. Mental wherewithal: willingness to sign, and understanding of the purpose of the doc(s) is the issue.

Reply by Les_CO on 2/27/12 3:05pm
Msg #413230

Re: Time to re-introduce the PenAgain:

Sorry I thought the OP said :
“Can I notarize their signature if they attempt to sign and it is not legible?”
I say the signature does not have to be ‘legible’ to me to be valid and legal.
I agree about the PenAgains I think Harry sells them here.

Reply by Karla/OR on 2/27/12 3:51pm
Msg #413237

Thanks Ms. QM - I see they sell them at Office Depot. n/m

Reply by GOLDGIRL/CA on 2/27/12 5:06pm
Msg #413252

I recently bought a 3-pac here on NR n/m

Reply by Karla/OR on 2/27/12 6:36pm
Msg #413282

Thanks GOLDGIRL! n/m

Reply by Desmond OConnor on 2/27/12 2:54pm
Msg #413228

Check with the Social Worker and Admin of the nursing home first. Have worked in the nursing field some families will try trick you and are not the responsiable party for the family member in the nursing home -

Reply by Dennis_IN on 2/27/12 4:18pm
Msg #413244

Great advice, All. I plan on verifying with nursing that they are lucid and I will determine if he knows what he is signing. It is for later tonight.