Thread Topic: Notarization for someone with Dementia
Topic Originator: Tiffany Simons
Post Date June 17, 2008 @ 12:05 PM |
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Tiffany Simons
2 Posts
(San Francisco, CA)
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Hi,
I've been asked if it is possible to notarize a document for someone with acute dementia. I have to admit I'm not sure. The person's daughter freely admits that her mother will not be able to understand the documents that she is signing, but that the mother is the one who needs to sign the documents.
I'm really confused but want to help these people...hopefully you guys can help me!
Thanks in advance!
Tiffany
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Lisa Thornton
288 Posts
(Upland, CA)
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DON'T DO IT!
You cannot help those people. The mother is mentally incapacitated (dementia) and the daughter will probably have to file for conservatorship....meaning through the courts a judge will rule that the mother cannot take care of her own decisions (i.e. financial and medical) and someone needs to step in on her behalf.
I am not a lawyer and this is not legal advice, just my opinion. Google the word "conservatorship" for more information but DO NOT notarize the mother's signature on anything, no matter what the sob story the daughter gives. The siblings or other family member finds out and it's war in the courts with YOU, as the Notary being dragged in the middle for notarizing the signature of a person who was not aware of what she was signing. Tell the daughter, sorry, NO CAN DO!!!
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Hilary Shepherd
1 Posts
(Pleasanton, CA)
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I'm so happy I found this thred. I received an email the other day asking about just this issue, and I had no idea how to respond.
My gut told me not to do it, and now I know how to explain why to the woman who emailed me.
Thanks!
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Marian Harmon
271 Posts
(Lancaster, CA)
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I've had this happen several times. One time, I was able to return when the man was more lucid and could communicate. He suffered from a condition known as "Sundowners" and from my experience in the elder care industry, I'm familiar with how that works. So, I suggested to the family that I return another day, earlier in the morning. That next time, it was as if her were a different person. He was lucid, competent and knew exactly what he was doing. Dementia is a weird thing... but in this case, it was my own experience that let me determine if it was right or not.
For the other situations, I fall back on on the directive given for communicating in another language:
"When notarizing a
signature on a document, a notary public must be able to communicate with their customer in
order for the signer either to swear to or affirm the contents of the affidavit or to acknowledge
the execution of the document. An interpreter should not be used, as vital information could
be lost in the translation. If a notary public is unable to communicate with a customer, the
customer should be referred to a notary public who speaks the customer’s language."
If the person has advanced dementia and cannot communicate with you, there's your out. Of course... You can't exactly refer them to another notary in this case.
What I do is refer them to one of several Elder Law Attorneys and tell them that they should consult with them about what to do. Sometimes, I might also refer them to a geriatric care manager, but it's usually an attorney. The attorney can then advise them of what they need to do. BUT... it should be an elder law attorney who is familiar with this, not just any old estate and trust guy.
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