When the Signer is NOT the Notary Appointment Setter in Texas
It happens all the time. You get the call for a notary job in Texas and the person who’s arranging the appointment is NOT the person who will be signing the documents. Their mom is in the hospital and needs a POA. Their dad is in the nursing home and wants to transfer property with a quitclaim deed . The person requiring the service has entrusted someone else with the responsibility of securing your services. When this happens, follow these three notary tips to ensure that the signing goes smoothly:
- When you get the call:
- Verify that the person receiving the service is alert, coherent, and understands what’s going to occur.
- Confirm that the person receiving the service has valid identification in accordance with the laws of your state.
- Inquire as to whether the document requires witnesses, and if so, articulate any instructions the signer will need to follow (valid ID, appear in person, etc.).
- Find out who will be responsible for paying your fee and share the types of payment you accept.
- Get the name of the person receiving the service. This might seem obvious but consider it a friendly reminder. There’s nothing like getting to a hospital, nursing home, or apartment complex and not being able to recall the name of the person you’re there to see.
2. Upon arrival introduce yourself to the person receiving the services and explain what you have been asked to do and what the signer can expect. Focus on the signer. Make eye contact and assess awareness. You can’t perform the notarization if the person is not alert or doesn’t understand what’s going on.
3. Seek a direct response from the signer. It’s okay to use the set up person for support, but your main focus should be on communicating with the signer.
One area in which a lack of understanding can negatively impact the signing is with regard to witnesses. Many times the document itself calls out who is not eligible to serve as a witness. Additionally, the notary laws of your state probably have something to say on this matter. As a rule of thumb, a person who is signing the document or who has a vested interest in it cannot also witness the document.
Many POA’s stipulate that health care workers or employees of healthcare facilities cannot witness such documents. A little more work up front could mean the difference between a profitable, stress-free appointment and a wasted tank of gas as well as wasted time. Just because a person knows a notary is needed doesn’t mean that he or she understands what goes into ensuring that the notarization can take place.
Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
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