I was recently asked to notarize documents for an elderly gentleman. He definitely understood what he was signing, however since he was no longer able to drive, he did not have a current driver’s license or passport. I thought that having one credible witness was sufficient, so I notarized the document as everything else was in order.
However, upon reviewing the California Notary Public Handbook, I realize that one credible witness is sufficient if I personally know the witness. If not, then two credible witnesses are required. I did not personally know the witness.
Any advice on how to correct the error?
Contact the gentleman and make arrangements to re-execute the document with two CWs - no fee. It’s the only thing you can do IMO. Or, you can let it go and leave it to chance that no one challenges you and the notary knowing each other.
I’m paranoid - I, personally, would re-execute. Bite the bullet, take the blame and tell the gentleman you want to make sure there are no issues with your faux pas. But again…it’s on your dime. Stepping up to the plate and admitting and correcting your mistake is better than losing your commission.
Good luck.
Thank you Linda. That was the direction I was heading, just needed confirmation that I wasn’t overreacting I guess. I was hoping that my witnessing the signatures in addition to the credible witness would be enough. I’m not comfortable with leaving it to chance. I contacted the gentleman this afternoon and am waiting for his reply.
Good luck…just own your mistake…be humble but contrite - and again, it’s rectified on dime.
Better to find it now and fix it than have it found later when it’s caused issues or complications. Also, with your CWs, make sure they understand what they are swearing to - that it is difficult if not impossible for the signer to obtain identification. You may want to offer that option to the gent - go get a new photo ID.
Again, good luck
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