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DianaNotary
California
171 Posts |
 Posted - 07/03/2012 : 08:25:12 AM
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Our job is to protect the signer (identify, verify capacity, etc)
It is ethically a must to make sure that there is no coercion or fraud involved. I personally have a problem when someone tries to take advantage of seniors, i just can't stand that!!!!
From my experience, once a young lady called me in a rush trying to make a notary appointment to notarize something for an "Old woman" - after talking on the phone with this girl, I suspected that she might not be related at all to the signer (that's not any of my business, right?) but i had that strange feeling that i shouldn't be doing this signing. Also, while on the phone i asked the girl if the "Old woman" has an ID? - so she hang up on me....
http://www.DianaNotary.com |
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BobbiCT
Connecticut
135 Posts |
Posted - 07/02/2012 : 10:34:26 AM
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"I called the NNA where one of the hotline people told me this isn't the job of a notary to pay any particular attention to a POA document though they were aware of the recent court decision."
I respectfully disagree with that NNA Expert. If you are notarizing a Power of Attorney for the signer, YOU MUST pay attention to "willingness to sign" and the signer's "awareness of what s/he is signing". This is in the NNA Code of Professional Responsibility. Although notaries are not qualified to determine "mental capacity" (medical opinion), we need to be secure in our own minds that the signer reasonably knows what s/he is signing. Very simple practice when called into Court as a witness as to "did grandma know what she was signing when she signed this Power of Attorney to her youngest grandson in front of you."
My favorite real life: Grandma said she was signing "the papers," including an unlimited Power of Attorney, because, "After I sign these they are going to give me a piano." With a little more casual conversation with grandma, the notary left without getting a penny because no notarizations were performed, but with peace of mind.
Bobbi in CT |
Edited by - BobbiCT on 07/02/2012 10:35:01 AM |
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notaryslife
California
348 Posts |
Posted - 07/01/2012 : 1:40:54 PM
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I work with a great trust attorney from San Mateo who comes to my city to meet with clients. He told me to make sure to watch out for unscrupulous people who are trying to get POA's on elderly people that could cause me to be called to testify in court. He forwarded me a copy of the recent court decision in Andersen v. Hunt in an article entitled Determining a client’s mental capacity to execute estate planning documents is always a difficult task.pdf
I called the NNA where one of the hotline people told me this isn't the job of a notary to pay any particular attention to a POA document though they were aware of the recent court decision.
The attorney said we're the gate keepers to prevent criminals from taking advantage of the elderly. I think we can act as the gatekeepers this way. Any comments on this issue? If anyone would like a copy of this paper, please let me know and I'll forward it.
Sincerely yours,
Notary's Life |
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POA's - What A Trust Attorney Told Me
