Follow
Share

Does anyone know the legalities of notarizing documents? I have a document that needs to be notarized which must be signed by both my mom and I; it is to collect money the State of Illinois found undeclared that is legally mine. Do both people need to be present with the notary? How can I do this when my mom is confined to a wheelchair in a nursing home, hasn't ever left the nursing home, and I'm doubtful, too, that she has the ability to sign her name. Help!

This question has been closed for answers. Ask a New Question.
If your mother is not of sound mind--that is, cannot understand what she is signing and the significance of the document--then only her agent under a durable power of attorney (or court-appointed guardian) can sign on her behalf. However, if she is competent to understand it all, then the fact that she cannot physically sign is not an impediment. The form that the notary signs can indicate that your mother directed someone to sign on her behalf, in the presence of the notary, etc. After all, remember that some people are paralyzed with no use of their arms; as such, the law permits them to direct someone to sign on their behalf and it is fully legal.
Helpful Answer (0)
Report

Does she have a POA? That person can sign for her. Show the POA document to the notary.

Does the nursing home have anyone on staff who can notarize documents?
Helpful Answer (3)
Report

Is it a conflict of interest if a nursing home employee is a notary for a resident in the facility
Helpful Answer (0)
Report

I wouldn’t think a notary has background or training to certify competency.

As far as notaries in a nursing home validating identity for a resident, I don’t think that would be conflict of interest. But I could be wrong. Many nursing homes have employees that act as a Notary who is bound to a standard listed in their certification and position requirements. A poster above listed conditions directly from her rule book.
Helpful Answer (0)
Report

What you describe sounds a lot like when mthr forgot to turn over a little stock account for me that was held in "my name, her name, unified gift to minors act." We were not talking at the time, and I only needed a birth certificate and my signature notarized for the state to turn over the dividend they held. You might want to call the state office for alternatives.
Helpful Answer (0)
Report

If the money is legally yours you just have to have your signature notarized, I don't know why your mother would be involved. If it is her money and yours, you both need to be in front of the notary. I believe she can do the same thing that Social Security requires yearly from elderly, put an X and on signature line and witness her signature. If this is property, you need an attorney or an accountant, but it sounds like it is money only. It is also helpful to have witnesses in addition to the notary signatures.
Helpful Answer (0)
Report

Notary people often travel. Check around town and see if anyone is a notarized. Often real estate, bank and even auto club have people. Some caregiving agencies have a notary. Look on the bulletin boards at church and market if in a small town. Google your town and notary.
Helpful Answer (0)
Report

A notary will testify that the person signing the document is of sound mind and body and in fact the person (with identification needed). You do not need to both be present at signing. However, if your mother is deemed incompetent by a doctor or court, then no signature is required. Just present those documents along with your notarized signature to the State of IL. Hope this helps.
Helpful Answer (0)
Report

I am a notary and I would require both to be present. I am only affirming the identity not that the person is of sound mind and body.
Helpful Answer (0)
Report

I was a notary too, and had the FBI calling on me because of a shady deal with a car dealer I notarized. That was scary! So I always make sure people are who they say they are and are competent. Social Security DOES NOT make us sign a yearly document. And yes, an X can be placed on a signature with two witnesses if the person cannot sign their name (this was originally intended for people who could not spell their name)..
Helpful Answer (0)
Report

See All Answers
This question has been closed for answers. Ask a New Question.