Did you guys see that article?
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@jennjoneis Yes indeed.
In general, after she (the 94-year-old) tore up the documents (pretty extreme response) & stopped the 1st appointment - it would generate questions about her mental acuity & stability. When she later desired to reschedule, it would generate cause for pause . . .
Of course, it’s difficult to say for certain . . . not being present in that scenario.
I recently had a ‘care provider’ reach out to me to schedule a Power of Attorney [POA] signing appointment.
There are strict Witness (2) requirements for POAs plus the normal clear coherence & cognizance of the document being executed.
I posed all the ‘usual’ queries. Discovered this POA was to ‘replace’ a previous POA.
I then asked who the signer was going to designate as the Agent. The ‘care provider’ said that she was to be the Agent (not a family member). The potential signer was in her 90s.
I decided that it was definitively a 
Hard Pass with so many RED FLAGS . . . High Risk
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Yes, so many red flags. And for myself no fee is worth the trouble of being summoned to court for one of these
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I haven’t seen the article; I’ll look for it to examine it more closely.
That said, my experiences with wills and family succession planning have been very positive.
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This proves my point: the witness is missing in action, and at this point, it’s only your word against the court system. I don’t have to argue or say anything—I can simply play the video, let the evidence speak for itself, and walk out.
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Yes, that can provide legal protection for the notary in an online notarial setting
That’s good to hear that you’ve had positive experiences
Why aren’t you posting a link to the article?
I love notarizing wills because they are usually part of an estate plan signing, and I prep my customers with everything I require. I even have that information on my website. I must say that my training with the CNTDA program really prepared me for this. These are the signings that are the bulk of my work.
I found the ridiculous article online. You have to ask yourself:
Did the NNA link to an actual case? No, they didn’t. It was vague, and there were no details in this story at all. That’s because it’s not real. It’s obvious that, in this case, the NNA is merely trying to show you that you need more than $100K. And you do. For all kinds of work, not just wills and estate planning signings. Do you see the header of this NNA article? It’s about insurance! They’re just trying to get you to buy more insurance, that’s all. How can you believe anything you read if they’re not linking to an actual case?
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And take substantial training so you’re confident when you walk into a will signing. Tonight Notary Stars and Laura Biewer are offering a special session on this exact topic. It’s open to the public. This is why I have the confidence to handle these signings. It’s all about TRAINING.
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Mine too, and that must be because we’ve taken the training and know how to prepare our signers and know what to expect. This article was a waste of my time. It was basically an ad to make notaries realize they need more than $100K E&O, and they do. Why didn’t the NNA just say that and point notaries in the direction of great training? Whoever wrote this is responsible for turning notaries away from good work.
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Interesting.
Concerning the training with notary stars do you know if it includes
information about what to do if a notary is summoned to court?
My attorney friend had an experience of being summoned.
She was able to clear her name only because the mortgage broker could
prove that the signer was in the right state of mind.
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You can certainly ask tonight! That’s what these live sessions are for. And you have another opportunity with the weekly TNT call.
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Absolutely!
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Suing the notary is very real, and it can happen even when you’ve done everything right. The best protection any of us have is to know your state’s notary laws and rules cold, follow them exactly, and keep meticulous journal entries. It’s not just professionalism, it’s what stands between you and a very expensive, very stressful legal fight.
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Thanks that’s great advise
I had seen that, and I never notarize Wills for that reason. That’s why they make attorneys. I specialize in loan documents, not Wills. I don’t advertise as a general notary either, so I pick and choose which documents I choose to notarize, and 99.9 % are real estate related.
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Yes, I agree with you entirely 
I also only do loan closings
I don’t think that the notorial law
takes away our right to choose the kinds of notorial acts we perform
I do wills all the time, I do a very close inspection of cognative issues for the signer. I also deal with the agents, and usually try and not have the agents at the signing. Witnesses can sometimes be a problems depending on where the signer lives. I have been turned in to the state for refusing to notarize a POA as it didn’t have the time of the start of the POA, that is a requirement. The family said they would add that later, the family also sat and argued with the signer and me. The family is who turned it in, not the signer. In my opinion, the family wanted control of the money, they didn’t really care about the signer. I tried to explain that to the state, but they didn’t care, they are not the ones in there screening mental acquity and dealing with family members that want to steal money from old people. I always make sure that there are two witnesses required, I have seen them without, and that I will walk out on, as the Notary is the one left holding the bag for supporting the document in court, and we would only have our books at that point. Both states I am in state that I am supposed to have two witnesses.
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wow, that’s quite a situation I’m glad you got through it