How does a nursing home notary insure that residents and their families are not taken advantage of?

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T

Taratony Asked August 2014

How does a nursing home notary insure that residents and their families are not taken advantage of?

My Mom signed a handwritten lease for land between she, my brother and his wife. The lease was to extend 15 years and at 1/3rd of market value. The lease was originally signed 2 years ago when Mom came home from an 8 day stay in the hospital. It was notarized by the nursing home notary the day before Mom was admitted to Hospice. My brothers wife works in the nursing home with the notary and was aware of the families coming and goings and was able to coordinate the notarization could be done when other family members were away. Any insight on how to void this lease? In MN

Elder Law

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score 1 · Answer 1

What Linda wrote is correct. A notary's job is to witness and verify the signatures, insuring the people who signed the document were the right people. There should have been two witnesses besides the notary in a legal document of this type. If your mother was of sound mind and was not unduly influenced, then the document will probably hold up. To contest the agreement, you would have to show that one of these things is not true.

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score 0 · Answer 2

Yes, you write a letter to your state attorney general detailing the alleged actions of your sister-in-law as deceptive and fraudulent. All the Notary does is witness the signature and verify ID. A Notary cannot stamp a document that was signed two years previous, that would be cause to remove their Notary license and should be reported.

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score 3 · Answer 3

In answer to your subject question, a notary isn't there to insure that the residents aren't taken advantage of. The notary's job was to verify the identities of the parties signing. Notaries leave the validity of the document to the lawyers.

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score 1 · Answer 4

Get yourself to an eldercare lawyer, immediately.

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How does a nursing home notary insure that residents and their families are not taken advantage of?

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