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jbelmont
California
3106 Posts |
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Lisa T.
California
391 Posts |
 Posted - 02/27/2009 : 9:07:08 PM
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| Yikes, Jeremy! What...was this Hannibal Lechter? 50 feet is outrageous...10 feet is far enough away so he cannot attack anyone - with four big burly guards next to him - yet close enough to communicate verbally. |
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BobbiCT
Connecticut
135 Posts |
Posted - 12/15/2008 : 09:44:22 AM
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"Personally appeared before me" is simple.Reach out and touch someone. If the signer isn't in direct sight and close enough for the notary to reach out and touch, then I wouldn't call it personal appearance.
There are some good on-point lawsuits over "personal appearance." My personal advice: Look at the notarization situation you are in. If the notarization is contested and "personal appearance" wasn't a simple black-and-white situation, would the Judge deciding the case risk all by making a precedent setting decision that your situation, technically not meeting the traditional standard, is "close enough" that the Judge will change the definition of "personally appeared" and the traditional notarization venue. So far, no Judge had re-defined "personally appeared" to anything partially less than in touching distance in front of the notary.
"Video conference" notarizations are a perfect example: How do you check the trickster isn't made up to look like the signer and that the identification documents being help up to the computer screen haven't been altered (just tape a photo over the drivers license; it's not like the notary can check it)? My favorite: It's the real person, however, off camera is someone pointing a gun at the signer's head.
Bobbi in CT |
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jbelmont
California
3106 Posts |
Posted - 12/13/2008 : 3:05:28 PM
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Who can tell me some of the technical issues in your state about getting documents notarized? Any interesting cases would be great.
My favorite incident was in a jail in Los Angeles. The signer was in a room viewable to me, but fifty feet away. I was not allowed to enter the big hall area which was where security was between me and the signer. We ended up having to get a power or attorney so someone else could sign. It appears that "appearing before" a notary has its limitations when getting notarized. How many feet in front of a notary should the signer be? I think that five feet with direct communication is a bare minimum.
I had another case where the person being notarized couldn't speak properly or move a pen properly. It took fifteen minutes to get the signer to coherently state that she understood the document. The daughter of the signer tried to move the person's arm around to sign the document. I woudln't let her. I let the daughter put her arm stationary as a guide, but wouldnn't let her move the mother's arm to sign the document. Hospital notarizations are always hard.
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