Notarizing For Seniors

Notarizing for Seniors

There are no specific laws for notarizing for seniors who are confined to a hospital bed, nursing home, or their home. However, notaries must follow their state's commissioning laws to ensure the elderly signer is coherent, aware, and willing to sign any documents.

Here are some guidelines every notary should follow for elderly notarizations.

Confirm Valid Identification

Before a Houston notary public travel to a signing, please confirm that the signer has a valid form of identification. Many seniors may have an expired driver's license or non-driver ID because they no longer drive or were unaware it had expired.

The identification must be a current, government-issued photo ID such as a:

• Driver's license

• State-issued non-driver ID

• U.S. passport

Confirm Valid Identification

Many seniors, not just in Houston, may have an expired form of identification because they no longer drive or were unaware that it had expired. To avoid issues at the signing, always confirm the type of identification that will be presented during your initial confirmation call with the signer or their family member.

The identification must be a current, government-issued photo ID, such as a:

• Driver's license

• State-issued non-driver ID

• Passport

Expired identification is never acceptable. Confirming that the signer has a valid ID beforehand will save you time and prevent the need to reschedule, which is especially important for mobile notaries who travel.

The Signer Must Be Present

The elderly person must be present to sign the documents. Family members or caretakers cannot sign on their behalf, even if the senior is bedridden or in a nursing home. Agreeing to this type of request is considered fraud and violates notary laws.

Verifying Identity with Credible Witnesses

In Texas, if an elderly signer does not have valid identification, a family member can arrange for two credible witnesses to attest to the signer's identity. These witnesses must:

• Know the signer personally.

• Be present at the signing.

• Swear or affirm the signer's identity.

Even with credible witnesses, the signer must still be physically present and show a clear willingness to sign the documents without assistance.

The Signer Must Be Coherent and Willing

When notarizing for an elderly person, especially one who is bedridden or in a care facility, the notary must be able to communicate directly with them. While a family member or caretaker may have requested your services, the notary must speak directly to the signer once the notary arrive.

Red Flags to Watch For

The notary must confirm that the signer is both coherent and willing to sign. Look for these red flags:

• Lack of Communication: If the signer isn't responding to your questions or can't hold a two-way conversation, they may not be coherent enough to understand what's happening.

• Interference from Others: Be cautious if a family member or caretaker answers questions for the signer or speaks over them. The signer must communicate with you on their own.

• Signs of Coercion: Watch for any signs of pressure or force from family members or caretakers. The signer must show a clear, unassisted willingness to sign the documents.

At a minimum, the signer must be able to communicate without help, be aware of what's happening, and be physically able to sign their name.

Refusing to Proceed

If you notice any of these red flags, the notary must refuse to proceed with the notarization. The notary will clearly explain their reasons to the family member or caretaker. It's better to be safe than sorry. Ignoring these warnings could lead to the loss of the notary commission and even legal consequences for suspected fraud.

Common Notarization Documents

The most frequent documents requested for notary services for elderly signers in Texas are Powers of Attorney (POAs) and Living Wills.

• Powers of Attorney (POAs): These documents, which can be downloaded from the internet, must be completed by the signer or their family/caretaker. A notary's role is not to draft or fill out the document but to verify the signer's identity and witness their signature. In Texas, a durable POA must be notarized to be legally binding.

• Living Wills: A Living Will, also known as a Directive to Physicians, must be either signed in front of two qualified witnesses or notarized by a notary public to be legally valid in Texas.

Important Note: Notaries are not lawyers. It is illegal for a notary to give legal advice, explain the terms of a document, or assist in drafting or completing a document. The notary's role is strictly limited to the notarial act itself.

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Please remember that I am not a lawyer and cannot provide legal advice.