Posted by FlaNotary2 on 2/17/12 10:32am
Msg #412061

Read your E&O Policy!

I am asked all the time "can I notarize my husband's signature?", etc. I was just reviewing my E&O Policy and it specifically EXCLUDES notarization for ANY blood relative. Florida law prohibits us from notarizing for our spouse, parents or children but other blood relatives, while technically allowed under Florida law, are NOT covered under my E&O.

READ your policy!

Reply by Linda_H/FL on 2/17/12 10:37am
Msg #412063

Wow...good point Robert...thanks.. n/m

Reply by VT_Syrup on 2/17/12 10:46am
Msg #412066

Catch 22

That could be a real catch-22 for notaries in states where they can't
refuse to act without one of the reasons specified by law. A notary
could be required by law to act, but the notarization could be
uncovered by the E&O insurance.

Reply by FlaNotary2 on 2/17/12 10:50am
Msg #412067

Very few states have such laws, and notarizing for

blood relatives almost always involves a conflict of interest.

Reply by jfs/IL on 2/17/12 1:22pm
Msg #412102

Re: Very few states have such laws, and notarizing for

Illinois Handbook Page 29

QUESTIONS ABOUT
PERFORMING NOTARIZATION
May I notarize my own signature and/or the signatures of my
spouse, children and other relatives?
A notary public may not notarize his or her own signature and may
not notarize any document in which the notary’s name appears as a
party to the transaction. A notary may notarize the signature of his or
her spouse, children and other relatives.

Reply by FlaNotary2 on 2/17/12 2:07pm
Msg #412113

Exactly my point n/m

Reply by Les_CO on 2/17/12 11:08am
Msg #412072

Re: Catch 22

Or if you can legally do so …Do it……. c a r e f u l l y!

Reply by Bob_Chicago on 2/17/12 11:28am
Msg #412077

Have not researched the issue, but I would think that

the vast majority of claims against a NP, would involve misidentification or issues of capacity/undue influence of the signer.
In the case of a blood relative, the NP would normally be very familiar with the signer, so these issues should not arise.
Again, have not researched the question, but I believe that most claims or disiplinary action against NPs arise due to deliberate wrongful acts of the NP done for profit.

Reply by Shoshana/AZ on 2/17/12 12:10pm
Msg #412085

So notaries don't ever accidentally make a mistake?

Do you think that only deliberate wrongful acts are punished?

Reply by Bob_Chicago on 2/17/12 2:29pm
Msg #412116

The thread is about notarizing for blood relatives not

being covered by certain E&O policies.
I stand by my opinion, that if the NP does not intentionally perform an illegal notorial act, then the chance of a claim or significant disipline is remote (exception might be gross negligence or willfull disregard of rules.).

Reply by Shoshana/AZ on 2/17/12 3:34pm
Msg #412122

But this is what you said:

<I stand by my opinion, that if the NP does not intentionally perform an illegal notorial act, then the chance of a claim or significant disipline is remote (exception might be gross negligence or willfull disregard of rules.).>

I can tell you that there are a number of notaries on this board who have made unintentional errors and have been disciplined for them. The rules are not always spelled out. If "they" want to get you, "they" will.

Reply by ReneeK_MI on 2/18/12 5:31am
Msg #412160

Yes, that was great advice, and I did - for the first time! n/m