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Handling Difficult Notarization Tips


Handling Incompetent Signers


Unfortunately, many families wait until tragedy strikes to get their state of affairs in order. Depending on the severity of the tragedy, it could be too late to use the services of a notary public.

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Notarizing for Signers who Cover their Faces


As a public officer, a notary cannot discriminate on the basis of sex, race, or religion. However, unintentional discrimination may arise when a woman who covers her face for religious reasons requests your notarial services. When this circumstance occurs, a notary must always act with the utmost caution to ensure that he or she does not discriminate but also follows the law. For this reason, notaries should always consult their own state's laws on matters concerning identification of persons with covered faces.

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Can a Notary Sign for a Disabled Person


I've had several appointments during which the signer was unable to physically sign his name to a document. I can see the family members are really worried about this when it happens. Many want to know if they can sign for the signer. I have to explain that unless they've been given a power of attorney by the signer, I am unable to notarize a document signed by them for the signer.

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What to Do When There Is No Pre-Printed Notary Certificate


If you provide notary services long enough, you will encounter people who have letters or statements or other documents that lack a pre-printed notary certificate. These are often the result of someone being told that they need a notarized statement or release or authorization in order to accomplish some purpose they have chosen.

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Notarizing Handwritten Documents


Perhaps a father needs to have a statement notarized that authorizes his child to go on a trip with a friend's family. He might decide to handwrite it. The same could be true for a building tenant who needs to provide a letter to a housing authority verifying household income. Or, perhaps a separated couple facing an income tax issue may need to quickly submit a notarized declaration that they have lived apart for several months.

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Notarizing for Blind and Illiterate Individuals


Most notarizations a notary will perform involve signers who are competent, understand the content in the document, and have the ability to sign freely and willingly. In rare situations you may receive a request to perform a notarization from a client who is blind or illiterate. How will you proceed? Will you refuse to perform the notarization simply because the signer is unable to read? Is it enough to ask those signers for proper identification and acknowledge they understand the contents of the document and proceed with the notarial act? What protections will you offer vulnerable signers to ensure a smooth and honest transaction?

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Notarizing for Family Members


Notaries must be impartial witnesses to transactions. They may not have an interest in the documents that they notarize. By the same token, notaries are prohibited from notarizing their own signatures, or documents in which they are named.

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Notarizing Previously Signed Documents


There are times, as a notary, when you will be presented with a document for notarization that has been previously signed. This may occur simply because the signer thinks he is being thorough by filling in all the blanks and signing before he meets with you. At other times, a document may have been signed and submitted to the recipient before the signer was aware that notarization was required and now the document has been returned and the signer requires the services of a notary.

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Notarizing Foreign Language Documents


One of the keys to acceptable and accurate notarizations is clear communication between the signer and the notary.

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Can a Notary Certify a Copy of a Passport or a Drive's License?


State laws vary on the acceptability and procedures for copy certifications. As with every other type of notarial procedure, notaries should study carefully their state's statutes on copy certification to see if, and how, it is administered.

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Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

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