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Chapter 10: Handling Difficult or Uncommon

Notarial Situations

Elderly signers
In this section, we are referring to elderly signers who are confined to hospice care or healthcare
facilities and notaries are not sure of the signers’ abilities to remember or understand what they are
signing due to dementia, Alzheimer’s disease, or other medical reasons.

Notarization requests by such people are usually made willingly because of declining health. For
example, an individual may want to sign a powerPage
of8attorney
of 34

or other document specifying who can

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handle his or her estate. However, in some cases, a family member may be coercing the signer to sign a
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legal document.

If you are asked to perform this type of notarization, it is important to look for signs that indicate the
signer lacks awareness and competency. Ask yourself the questions listed below. If you answer yes to
any, do not proceed:

Do you see signs that the signer is being coerced by family members?
Does the signer look at the document as if he or she doesn’t understand what it is?
Do you observe that a family member tries to speak for the signer?
Does the signer seem to be impaired by medication?
Does the signer seem confused when you ask him to explain the document?
Do any of the nurses or attendants seem concerned about the notarization?
Do you have knowledge that the signer has been declared legally incapacitated?
The best notarial practice is to ask all individuals in the room to leave; this will ensure that you are not
distracted while performing the notarial act and that the signer is not coerced by a family member to
sign.

Don’t initially ask questions that can be construed by the signer as disrespectful. For example, do not
ask “Where are you?”, “Do you know today’s date?”, or “Who is our president?” Be sensitive and subtle.
If you need more proof of the signer’s awareness, open your notary record book and casually ask,
“What’s today’s date?” as if you need the signer’s help getting your facts straight. If you still need more
proof, lead the signer into conversation about a current event or activities that the signer enjoys. At
that point, if you cannot be sure of the signer’s state of awareness, you should decline to notarize the
document.

Elderly clients often have difficulty presenting valid identification because they are no longer driving
or traveling. In cases of this type, you may have to rely on the use of a credible witness to verify the
client’s identity. The best practice is to avoid accepting family members as credible witnesses.
Credible witnesses must be impartial; they must not be named in the document or benefiting from the
transaction.

If the signer is in a healthcare facility, you may ask a healthcare professional who is familiar with the
signer's identity to act as a credible witness.

Also, referring back to Chapter 5, keep in mind that a credible witness must know the signer well
enough and that the notary must know the credible witness.

If the signer cannot produce proper identification or a credible witness is not available, you must
decline to notarize.

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