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!
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.
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.
-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
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.
Does the nursing home have anyone on staff who can notarize documents?