Request for notarization of Discontinue Existing POA and adding new one. Signer in hospital with no ID other than memorized Social Security number. Two nurses with ID will vouch for his identity with notarization. 45 minutes turn around so this must have been an emergency such as pre-surgery. Ultimately couldn’t accept the assignment but continue to wonder about the validity of such a notarization with no physical ID.
I wonder how the hospital is coping with a pre-surgery (?) patient that cannot produce valid hard copy ID. I don’t know hospital protocols but this situation seems kinda dubious to me.
Your profile says you’re from New Mexico. I’d read up on the rules for using credible witnesses there. It varies a lot from state to state.
We can use nurses/care staff, etc from licensed facilities as witnesses.
It had to be some sort of strange emergency as they texted at 3:45 for a notarization that had to be done by 4:30.
He means “credible” witnesses - not just witnesses - human ID with legs.
And double check with the facility about staff witnessing - here in FL it’s not allowed - my signers all have to provide witnesses, whether standard or credible.
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We do not require witnesses here in NM unless for specific types of documents (trusts, will, etc) and that will be noted in the instructions. Hospital staff are allowed aswitnesses as long as they have ID
In signings, there are two kinds of witnesses. There are witnesses to signatures, where the witness signs to indicate the witness saw the signer sign the document. In this situation, the witness might have found out who the signer is the same way the notary did, by looking at the signers ID. Or the witness might personally know the signer.
Using a “credible witness” is a bit different. New Mexico has passed it’s version of the Revised Uniform Law on Notarial Acts (RULONA). My state, VT, has passed its version of the same, and the requirements for credible witnesses are almost the same. See New Mexico Statutes Annotated 1978, section 14-14A-6.
- You need one credible witness, who personally knows the signer.
- You must identify the credible witness by knowing them personally, or inspecting their “passport, driver’s license or government-issued nondriver identification card, which is current or expired not more than one year before performance of the notarial act.”
- You must administer a verification on oath or affirmation to the credible witness. That is, you will have to create a form in which the credible witness swears to the identity of the signer, which the credible witness signs, and you administer an oath or affirmation to the credible witness, and finally you fill out the notarial certificate on the form. Advice varies on what to do with the form. I would keep it with my journals.
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I was taken to the ER by a friend. Ended up being admitted for next day surgery. Bless my friend, she took my purse so it would not get stolen! I’d removed everything but my insurance card, ID and one credit card. I had nothing but the bracelet on my arm!!!