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 We’ll agree to disagree
Posted by LisaKT/CA on 2/5/19 6:37pm

Discussion with an attorney isn’t necessarily to have the attorney interpret notarial law. It can be to get their expert guidance on what to do next when the notary’s only sources (i.e. handbook and SOS personnel) have NO answers. Prime example: Notarizing for a signer with dementia (hit & miss cognition). What does notarial law say when the signer has a medical condition that affects their cognition?

CA notary laws says, among other things, that a person must be willing to sign, be able to communicate directly with the notary, and be aware (i.e. who/what/when/where). What to do? Refuse to notarize for a signer with dementia or consult an attorney for expert guidance? Well, a long time ago, I did just that - consulted several because I networked with an estate planning, real estate, and general practice attorneys. I asked each independently and they all said the same thing....as long as a person is willing to sign and are aware at the time of the notary act, then it’s a GO. Before or after the notarization is not the notary’s responsibility....only during the notarial act is the notary responsible. None of them interpreted CA notary law.

Consider that while an attorney doesn’t necessarily interpret notary law, they possess the license and expertise to know if *other* laws can be applicable to a notarial situation. And that’s quite valuable to our ability to perform the duties of public office when our handbook is vague or silent on the law. In CA, the SOS personnel are of NO help. They respond to callers by grabbing a handbook and quoting from it. When they can’t offer any more than that, the call is a waste of time. IMHO, it’s never a waste of time to suggest someone seek an attorney’s expertise and guidance.
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