|
Section 7 - Special Notarizations You may be asked to perform a notarization that requires special handling. How would you notarize if the document signer were blind? Cannot speak English? In any special situation, you should make every effort to accommodate the persons request. If you are not sure how to perform the notarization you should decline. Lets discuss several of these situations. A. For a person who is blind. The law requires you to read the document to the signer before the notarization. You may also add a statement in you notarial certificate that you have complied with this requirement of the law: I further certify that I read the document to (name of signer) prior to notarization. Remember, unless you are an attorney, you cannot give advice to the person about the contents of the document. However, you may re-read any portion of the document to the person. B. For a person who does not speak English. The nature and effect of the document must be translated into a language that the person does understand. The law does not specify that a written translation is required. An oral translation is sufficient. You may want to add a statement in your notarial certificate that you have complied with this requirement of the law: I further certify that the nature and effect of the document was translated for (name of signer) by (name of translator) prior to notarization. Have the translator sign the document and your journal. C. For a person who is deaf. The obvious problem that exists in this situation is communication with the signer. Unless you and the signer are competent in sign language or lip reading, you should communicate with the person by writing notes. Be sure to make additional comments about the notarization in your journal entry. D. For a document written in a foreign language not understood by the notary. Remember you are not responsible for the contents of the document, but you need to exercise caution in this situation. Make sure that you can communicate verbally with the document signer or that a qualified, trustworthy translator is present. Try to determine if possible that the document is complete. Check the document for a notarial certificate. If the document does not have a certificate, ask the document signer for instructions. If he/she directs you to the appropriate notarial act for his/her document proceed by adding the correct certificate and completing the notarization. If he/she does not know, refuse to notarize. Be sure the notarial certificate is in English. The certificate may be translated into the language of the document, but the translated certificate should not be signed and sealed by the notary. If you are unsure about the notarization, you should refuse to notarize. E. For a person who is illiterate. You should read the document to the signer before the notarization. You should also add a statement in you notarial certificate: I further certify that I have read the document to (name of signer) prior to notarization. Unless you are an attorney, you cannot advise the person about the contents of the document. However, you may reread any portion of the document to the person. F. For a person who signs by mark. You may be asked to notarize the signature of a person who signs by mark. The person may be illiterate or may have a physical disability that prohibits him or her from signing in the normal manner. The notary laws do not require any additional procedures for notarizing in these situations. You may notarize in the same manner as for usual signatures. Question the signer to make sure that he or she understands the nature and effect of the document to be signed. If the person is illiterate, read the document to him or her. If the person does not understand, refer him or her to an attorney for legal advice and do not proceed with the notarization. Ask for proper identification. Then perform the appropriate notarial act: administer an oath or take an acknowledgment. Before the person signs the document, print his or her first name at the beginning of the signature line and the last name at the end of the line. Just below the line, print the words His Mark or Her Mark. Then ask the person to make his or her mark on the designated line. Complete the notarial certificate with all the required information. When filling in the persons name whose signature is being notarized you may want to indicate that the person signed by way of mark. It is also recommended that two uninterested persons witness the signing of the document and the notarization and that their names and addresses be clearly printed under their signatures. Be sure to record these special circumstances in your journal. G. For a person who is a minor. You may be asked to notarize the signature of a person under the age of 18. You may notarize for a minor. However, all of the requirements of the notary law must be followed. The notary laws do not limit notarizations based upon a persons age. The Governors Notary Section recommends that you exercise caution when notarizing for a minor. In particular, you should determine whether the minor understands the nature of an oath or acknowledgment before notarizing. Any time you notarize a signature, the signer, including a minor must provide acceptable identification to the notary. The problem is that most minors do not have one of the forms of acceptable identification the listed in the Missouri Statutes. There are two possible solutions. First, you may be interested to know that any person 12 years of age or older may be issued a state identification card. To obtain the card, the person should apply at the local Division of Motor Vehicles office where drivers licenses are issued. Second, you may use the sworn written statement of a credible witness to identify the minor. When asked to notarize the signature of a minor, you may refuse to do so if you are unsure about any aspect of the notarization. In unusual situations you may even suggest that the minor or his or her parent or guardian see an attorney.
|
|||||||||||||||||||||||||||||||||||||||||||