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:

  1. 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 is committed to providing accurate and up-to-date information. However, it is important to note that the information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and do not guarantee the accuracy, completeness, or reliability of the information provided. It is your responsibility to know the appropriate notary laws governing your state. You should always seek the advice of a licensed attorney for any legal matters. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, 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 on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions. 

Texas notary bonds and errors and omissions insurance policies provided by this insurance agency, the American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas.

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