Posted by MMH/OH on 11/27/13 1:17am
Msg #494211

Authorization for minor child visitation

I had someone call me about an Ohio Dept of Rehabilitation and Correction form to be notarized for a minor child to visit an inmate. She is not the guardian. The guardian will be the one signing the document at 7 am tomorrow in my presence. This form is from the Ohio government site. Do I just notarize the form as is even though it does not have acknowledgement wording or affidavit wording? Or do I add the wording on the document myself to have a venue and correct wording? The form is located here:
http://www.drc.ohio.gov/web/Forms/DRC4371_2011a.pdf

Thanks for your help. Sorry this is last minute. Will read before speaking with the lady in the morning around 6:30am.

Michelle

Reply by notarydi/CA on 11/27/13 1:26am
Msg #494212

you need to follow your state's guidelines....

if it was California, I would attached an All Purpose Acknowledgment with CA compliant verbage.

Reply by Marian_in_CA on 11/27/13 3:07am
Msg #494214

Not necessarily...

While it might seem, to us, that an acknowledgement might be the proper act here... it's not up to us to decide. If it were me, I'd simply ask the signer what they wanted and then perform that act according to state law, attaching to correlating certificate.

Remember, we cannot choose the act to be performed for a signer... it's up to them or the document receiver. Never just assume or choose for them. If they don't know... explain to them the difference and make them choose. Never advise them as to which is "better" -- they will usually ask that. The general public often doesn't understand the differences. In fact... sadly, a lot of notaries don't either.

Reply by MMH/OH on 11/27/13 6:06am
Msg #494218

Re: Not necessarily...

Thank you for you all for your help.

Reply by MMH/OH on 11/27/13 6:07am
Msg #494219

Re: Not necessarily...

Boy am I tired. I meant to say thank you all for your help.

Reply by VT_Syrup on 11/27/13 7:31am
Msg #494224

Re: Not necessarily...

This is a tough one. Most state notary laws will give a list of the acts notaries are allowed to perform, and at the end something like "and perform any other act permitted by law" which is what my state law says. So the question becomes whether the form from the correction system is authorized by law, or if some rogue clerk just made it up without authorization. If it's authorized by law, you can probably fill it out just as it is. If it was invented by a rogue clerk, you can't. And there's no way to figure it out in time for your appointment. I'd turn the appointment down and write a letter to my state representative asking the representative to complain to the corrections department.

Reply by MMH/OH on 11/27/13 7:53am
Msg #494225

Re: Not necessarily...

Thankfully, the lady ended up backing out of this. She said the guardian changed their mind about letting the minor go. I also left a message with my local bar association this morning to find out an answer to this question for the next time it comes up. VT_Syrup it looks like a state issued form to me, but I have never seen a form like this before. Thanks for the advice.

Reply by VT_Syrup on 11/27/13 10:44am
Msg #494253

Re: Not necessarily...

I would just add that it is very foolish for any government agency anywhere in the country to create a form that calls for a notarial act other than an acknowledgement or oath/affirmation. While the state where the agency is located might allow signature witnessing, or might allow the agency to create their very own new notarial act, there is always the chance the form will have to be notarized out of state, and the only acts that one can rely on being available throughout the country are acknowledgments and oaths/affirmations.