Does anyone know the legalities of notarizing documents? I have a document that needs to be notarized which must be signed by both my mom and I; it is to collect money the State of Illinois found undeclared that is legally mine. Do both people need to be present with the notary? How can I do this when my mom is confined to a wheelchair in a nursing home, hasn't ever left the nursing home, and I'm doubtful, too, that she has the ability to sign her name. Help!
Does the nursing home have anyone on staff who can notarize documents?
Sometimes a witness is needed, to show that 2 people identified the person wishing the document signed for them.
Notary Public never reads the document--that is not their concern.
Banks, real estate offices, county offices, and some nursing homes, have or can get a Notary. Hospitals and other places have them, too.
-Administer oaths or affirmations
-Take acknowledgments
-Attest to photocopies of certain documents
-Solemnize marriage
-Verify vehicle identification numbers (VINs)
-Certify the contents of a safe-deposit box
A notary does not determine whether or not someone is of sound mind. That's left to the courts.
Ferris, I understand you have your own set of rules and there's no problem if a particular notary says, "Hey, I don't think this person is in his right mind, I'm not willing to notarize his signature," but that's not the law.
As far as notaries in a nursing home validating identity for a resident, I don’t think that would be conflict of interest. But I could be wrong. Many nursing homes have employees that act as a Notary who is bound to a standard listed in their certification and position requirements. A poster above listed conditions directly from her rule book.