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paulcr
North Dakota
34 Posts |
 Posted - 06/21/2012 : 7:11:53 PM
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This is extremely risky and opens up a lot of doors for liability if you are not trained to determine a basic amount of lucidity. Asking if they understand is not generally enough to protect you. A person with a diminished capacity generally cannot enter into a contractual agreement unless through a guardian - and even in that case the guardian is the one entering into the agreement. This is one of the reasons that many notaries do not do POAs, medical directives, Wills, etc.
If they are lucid at the time of the signing of the document(s) then you are generally ok, but unless you can clearly determine that for yourself, or have professionals there who can attest that they are you may not only be opening yourself up to potential legal issues down the road but may actually be violating the requirements of your State. Just as you wouldn't perform a notarization if the person were totally drunk or on heavy narcotics this is much the same.
I do a lot of medical notarizations and depending on the circumstances if their doctor isn't present to witness and attest to competence than I am prohibited from going through with the notarization - both ethically and by the laws of my commission in my state.
Just some food for thought.
quote:
Originally posted by bgo1617
I have a signing tomorrow where one out of the three signers has dementia. I don't know how to go about it, I have looked in the state's secretary website for insight but without any luck.
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Lee-AR
Arkansas
678 Posts |
Posted - 06/07/2012 : 12:18:12 PM
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Be VERY careful! Dementia is a red flag. Sometimes, they're totally with it and sometimes not. Even if they are completely lucid at the time of signing---will they remember that tomorrow or not? Be aware of exactly what's going on as sometimes family members are taking advantage of the situation and you don't want to be in the middle of a lawsuit, eh?
If you don't value your time and experience, nobody else will. |
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bgo1617
Ohio
1 Posts |
Posted - 06/06/2012 : 11:21:21 AM
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Thanks
quote:
Originally posted by edelske
I ask:
Do you acknowledge that these are your signatures, that you understood and willfully signed these documents; and that the statements contained are true and accurate to the best of your knowledge and belief?
I have to feel that each component of the question is satisfied for me to proceed. Of course the ID has to be solid too.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com
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edelske
New York
815 Posts |
Posted - 06/06/2012 : 11:12:59 AM
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I ask:
Do you acknowledge that these are your signatures, that you understood and willfully signed these documents; and that the statements contained are true and accurate to the best of your knowledge and belief?
I have to feel that each component of the question is satisfied for me to proceed. Of course the ID has to be solid too.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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bgo1617
Ohio
1 Posts |
Posted - 06/06/2012 : 08:39:20 AM
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| I have a signing tomorrow where one out of the three signers has dementia. I don't know how to go about it, I have looked in the state's secretary website for insight but without any luck. |
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Signer has dementia
