Posted by Notary00 on 3/28/12 5:55pm
Msg #416380

Poa request

Adult niece who is Md resident wants poa for her aunt who is a senior citizen, new jersey resident with expired id's. All id for aunt reflects bhai address. Immigration card only without expiration. What type of id can I accept?

Reply by anotaryinva on 3/28/12 6:18pm
Msg #416382

That's easy, refer to your MD Notary handbook.

Reply by MW/VA on 3/28/12 6:56pm
Msg #416387

You need to be satisfied that the signer is who they say they are. Most notaries require valid picture ID. That can be a tough one for senior citizens, but I wouldn't do something as important as a POA without a good ID. IMO the address on the ID's aren't of concern. You are identifying the person.

Reply by MW/VA on 3/28/12 6:57pm
Msg #416388

Forgot to add, some states allow accepting ID's that are expired, but within 5 years.

Reply by LKT/CA on 3/28/12 7:23pm
Msg #416394

<<<....some states allow accepting ID's that are expired, but within 5 years.>>>

In CA, it's the ISSUE DATE that has to fall within five years from today's date.....not that the license expired within 5 years. The expiration date is always the person's birthday. The issue date is the day they showed up at the DMV to get the license, if it's the original license or a replacement because it was lost or stolen.

Reply by Notary00 on 3/28/12 7:38pm
Msg #416400

Thank you

Reply by LKT/CA on 3/28/12 8:00pm
Msg #416403

You're welcome....I was just clarifying MW/VA's statement about expired ID (for CA).

The Maryland handbook doesn't specify the type of ID, but speaks of "Satisfactory Proof" and says: "Satisfactory proof is that amount of proof which is sufficient to convince the notary public that the person making the acknowledgment is the person described in the document, and the one who executed it. ***A good rule for a notary public to follow would be to require such proof of identification as he or she would require to cash a very large check for that person.***

No bank will take an expired ID to cash Monopoly money, much less a check of any size. Any bank worth its salt will require a current gov't issued ID. Because the document is a POA, and due to much identity theft, elder abuse and fraud, satisfactory proof to me, is a government issued ID (driver's license, state ID card, passport, or military ID). CA is very specific on the ID notaries can accept (and I'm glad).

It's not the notary's concern that the aunt's family didn't take care of business and get her current ID (driving or not). I personally, do not feel sorry for these situations. I see them a lot as I'm called to notarize POAs and AHCD at hospitals. When it comes to POAs, it would be wise to require a current state ID card or passport. MHO

Reply by LKT/CA on 3/28/12 8:33pm
Msg #416406

<<<No bank will take an expired ID to cash Monopoly money, much less a check of any size.>>>

Wait, that sounds funny....but I think you get my point. Valid, current, gov't issued ID is the best ID for a POA.

Reply by GOLDGIRL/CA on 3/28/12 11:38pm
Msg #416417

Fact is, many banks will not accept just any POA anymore because of all the things u mentioned, LKT/CA. Banks have their own form for the account holder to sign. Many people are just wasting their time with a "stationery store" POA. I can certainly see the bank's concern. Anybody can just waltz in with a forged POA and phony notary stamp (or no stamp at all) and clean out granny's account. Banks are not going to let that happen (anymore). When I get a GNW call for a POA, I tell them to check with the bank first if their intent is "to pay grandma's bills."