Yes, older people are always sensitive when they are sick…but just because you are sick does not mean you don’t understand what’s going on. Prime example my mother had a terminal illness, but she was very cognitive of what was going on and was a pleasure to look after doing her illness. I am a firm believer of Wills and Trusts while you are young and then adjust them if need be. Because when you are dealing with older adult and children it can be messy. Well I guess these thing are all apart of life and we must prepare good journal keeping.
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A few years back I had a similar situation with a refi. The couple were in their 70’s I believe and the wife was recovering from brain cancer treatment. Several months later I received a call from one of her children from a previous marriage, claiming that she was coerced into signing by her current husband. This person claimed that she wasn’t mentally fit enough to sign any legal papers.
Now, I do a lot of signings per month, but I distinctly remembered my conversation with the woman since we had discussed her condition. Coincidentally, a good friend of mine was also on chemotherapy for her brain cancer about the same time. She was definitely lucid, though her speech was affected by her treatment. I even noted it in my journal.
Apparently the woman died shortly after the signing and her adult child wasn’t happy about the fact that they weren’t going to profit from her death. I didn’t get into details about the signing with this person, but I made it clear she understood exactly what she was signing with me on that day. Maybe if they would have stayed in closer contact with their mother they would have had a better idea of her mental status…?
No more contact after that conversation. It’s important to note details like this in your journal. You never know when you may need it!
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Thank you for sharing this! New Notary here, so good to keep in mind.
Wow. Thank you so much for sharing!
How did it go???
What an experience. I’m glad you were able to keep it together and was able to back up your response with your journal entry. Good job!
BRAVO 
Job well done. NOT panicing served you well. No pun. 
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Thank you for sharing.
Good job Judi ~ lot to be said for experience 
As the plaintiffs were attempting to invalidate the loan by challenging the notarial acts, I felt that the lender was entitled to be made aware of the situation. I called their legal department, provided the basic information to the receptionist, and asked whether they wished to speak further with me. I was transferred immediately to an attorney and with much courtesy “grilled like a well done steak”, so to speak.
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Have to admit - I did wipe a bit of sweat from my brow with that one. I will never regret the time spent keeping complete journal entries including notes involving unusual items.
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I had a similar thing happen to me; in Louisiana, we are not required to use a journal. I had a judge teach the notary class and he said if it’s not recorded it did not happen. I was summoned to court and low and behold, the judge was the one who taught my class. When I went in, he looked at me and asked me do you have your journal. I presented it to him and after reading my entry out loud he told them that their mother had picked the right notary and that they were wrong and dismissed the claim.
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Good for you! Once again underlying the importance of our journals… even when your state does not require them, they are a notary’s best protection.
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Hi awl1957, you should remind the readers that you’re a civil law notary.
Curious, but why, Joe? It doesn’t matter - good, detailed records and a well kept journal are good practice across the country.
This was REALLY good information! I will be even more diligent about thosr journals. What a great example to sear that lesson into our brains.lol
Wow, that’s crazy!
My state doesn’t require journals, however I do it as a cya. I know in my state he could of signed with an x or squiggle just as long as you witnessed and notarized it and he and only he made the mark for his name you should be golden. Right???
Best to you, I hope all works out.
Kelly
Here as well with the X, Kelly. The children claimed I had allowed the wife to sign for her husband, as he was not physically able to sign himself. Of course I did not. That I had both his signature and his wife’s signature (she was NBS) in my journal was proof.
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