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Lisa T.
California
391 Posts |
 Posted - 10/19/2009 : 12:39:05 PM
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<<<Would you stop a signing if you had a concern regarding the signers ability to understand what document they were signing? Are we to judge if they are asked do you know what a power of attorney is? And they say yes... but could hardly hold the pen or keep their eyes open???>>>
Yes to both of your questions. A while back, I was called to meet the family member at the hospital to have a patient's signature notarized for a P.O.A.. I was told the patient had a stroke, couldn't speak, but was aware and could communicate by writing and was somewhat under medication. I made up a test that had questions specific to the patient, and other questions that would show me the patient was alert and cognizant of where he was and who certain people were and what he was signing. I wanted more than yes/no answers as some patient's could agree to anything. He couldn't communicate verbally but he circled the correct answers. Here's a sample of some of the questions I made up:
1. My name is:
a) John Doe
b) John Dooley
c) John Davis
2. I live in the state of:
a) New York
b) Oregon
c) California (obviously the correct answer)
3. I am currently at the:
a) hospital
b) library
c) McDonalds
4. Jim Doe (his relative) lives in the state of:
a) Hawaii
b) Tennessee (this was the correct answer)
c) Florida
5. The document I will sign is a:
a) term paper
b) grocery list
c) power of attorney for Health Care
6. I am at this hospital:
a) as a patient
b) volunteering
c) visiting a sick friend
7. The lady giving me this test is:
a) Wearing eyeglasses (correct answer)
b) Wearing a hat
c) Wearing a fur coat |
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yngmobilenotary
California
3 Posts |
Posted - 10/19/2009 : 10:20:08 AM
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quote:
Originally posted by LindaH
If they understand what they're signing, and have lucidly communicated that to you, and you're satisfied with their state of mind, then by all means, notarize away.
However, this one statement has me wondering..."but could hardly hold the pen or keep their eyes open???" Was it from weakness due to the illness or was it from medications? Was his state of mind altered due to medications? Were you able to determine to your satisfaction that he wasn't "under the influence" so to speak as a result of the medications? If not, then you should not notarize.
MHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
The person was on hospice. He was on no medications. He was weak from illness. He was in last stages of cancer. Could only answer yes and no. I did not get any indication that he was signing this against his will. Plus he said no. |
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LindaH
Florida
1754 Posts |
Posted - 10/19/2009 : 05:49:56 AM
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If they understand what they're signing, and have lucidly communicated that to you, and you're satisfied with their state of mind, then by all means, notarize away.
However, this one statement has me wondering..."but could hardly hold the pen or keep their eyes open???" Was it from weakness due to the illness or was it from medications? Was his state of mind altered due to medications? Were you able to determine to your satisfaction that he wasn't "under the influence" so to speak as a result of the medications? If not, then you should not notarize.
MHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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azdocsign
Arizona
89 Posts |
Posted - 10/18/2009 : 10:55:36 PM
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It is always mandatory to stop a signing of any document when you are not certain if the signer is competent to sign the document or does not understand the document they are signing.
You should also stop a signing if you feel that the signer is being coerced or forced into signing of their own free will.
When in doubt, just think - What would I tell the judge?
Hope this helps.
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yngmobilenotary
California
3 Posts |
Posted - 10/18/2009 : 9:08:04 PM
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Would you stop a signing if you had a concern regarding the signers ability to understand what document they were signing?
Are we to judge if they are asked do you know what a power of attorney is? And they say yes... but could hardly hold the pen or keep their eyes open???
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P.O.A for a terminally ill signer
