Serving Vulnerable Signers with Confidence, Competence, and Compassion

As mobile notaries, we serve the public and that can mean any signer when and where they need it.  For me, that often times means medical facilities, as well as hospice and those who are homebound.  These signers have something in common.  They have been compromised physically and or mentally in some way that requires medical interventions or assistance with daily living activities.  They are not the same as my typical loan or estate plan signings.  I already know there could be concerns about their ability to communicate, sign, or be identified per state requirements.  So it is imperative we are proactive when we receive the request to investigate more about the signers qualifications for notarization.  Screening the requestor by asking about the requirements that could stop a notarization will allow you to identify if this is really a customer for you without an unnecessary trip.  Keep in mind, the person requesting the service is many times not your signer and may not know, or is afraid to disclose something that would prevent you from coming.

I ask the following questions to fill in the gaps from the information the requestor has provided.

Does the signer have a government photo ID? (you can modify this to fit your state requirement) and if not, offer reasonable accommodations assuming your state has procedures for an identification accommodation.  Examples include personal knowledge (not CA) or credible witnesses.

Does the signer have the documents prepared and ready for signature?

Can the signer sign unassisted?  If not, offer any reasonable accommodation like signature by mark or proxy if offered in your state.

Can the signer speak to the notary directly in a language I speak without a translator?  If your state like AZ and CO allow great, but if not, then you are not the right notary for them, and having notary colleagues who speak other languages is helpful.  Also even if in a language I share with the signer, the family or friends who might be there cannot assist in answering, so if that happens I will request them to leave the room until I am ready to move forward with notarization.

Is the signer Alert and Aware?  This can be a difficult  question for the requestor to answer.  They may offer a diagnosis which doesn't really help with our evaluation.  

Offering examples of what you would expect like:  They are not confused and can follow my instructions. They can tell me who they are, where they are, who are any other people in the room. What kind of document they are signing, and if if they want to sign it.  

There are a couple of more I may ask when I am there that I do not disclose during the intake such as if they are naming someone to make decisions for them, who that is, by name and relationship.  This level of assessment should be performed anytime you are in a medical facility, hospice, or home where you easily observe a significant health concern that could impact their ability to sign documents.   This level of capacity is not the same as Testamentary Capacity which is used in Estate planning documents like POA, trust, last will, and deeds which can only be determined by an Attorney.

If you proceed with the signing appointment be sure you have documented any observations that support your decision to notarize.  Family dynamics, assessment of signer, others who were assisting with signing such as a paralegal, financial planner or attorney, and if for POA/Health Care directive who was named as agent.  These are details that can be helpful to protect you and the signer in the future.

Clients/signers who need notarization service should have the same access as all other signers.  However, we need to be sure we are protecting the signer, the integrity of the document- meaning they knowingly agree to the terms of the document when they place their signature on it and most of all, ourselves.

At your service,

Laura

Want to know more about these kinds of signings?  Check out my latest book, The Compassionate Notary found at www.CoachMeLaura.com/book