SPECIAL CIRCUMSTANCES

We all go through special circumstances at some point in our lives.  It is important to recognize that these situations can impact your notarization request.

Our blogs often delve into the intricacies of different circumstances when notarizing in which you may relate to.

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For a Person Who is a Minor

Have you ever been asked to notarize a document for a person under the age of 18?

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Notarizing For a Person with a Disability

Notarizing for a person with a disability who directs another to sign is a crucial service that ensures equal access to important legal processes. As a notary, it is our responsibility to accommodate individuals with disabilities and ensure that their directives are properly executed. Whether it be due to physical impairments or limitations in communication, these individuals rely on the assistance of others to help them express their intentions. By carefully following their instructions and verifying the identity of all parties involved, we can help create a secure and inclusive environment for notarization. It is essential to approach these situations with empathy, patience, and a thorough understanding of the unique needs of people with disabilities, ensuring that their voices are heard and their signatures are duly certified.

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Notarizing for a Person Who Signs by Mark

Notarizing for a person who signs by mark can be a unique and important responsibility for a notary public. While many individuals sign documents using their signature, some individuals may not have the ability to do so due to various reasons, such as disabilities or illiteracy. In such cases, a person may choose to sign using a mark, typically an "X". As a notary, it becomes crucial to ensure that the individual understands the document they are signing and is willingly providing their mark as a form of signature. The notary then takes on the responsibility of verifying the identity of the signer, administering the oath, and confirming that the mark placed on the document matches the signer's intent. By properly notarizing a document signed by mark, the notary assists in upholding the integrity and authenticity of the legal process.

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Notarizing for a person who is illiterate

For someone who is illiterate, navigating the complexities of notarization can be overwhelming. However, it is crucial that they understand the significance of this process. A notary public serves as an impartial witness who verifies the identity of the signing party and certifies the document as genuine. For an illiterate individual, relying on the assistance of a trusted friend, family member, or legal representative can be helpful. Clear communication and explanation of the document's contents and purpose are of utmost importance. While literacy may pose challenges, notarization remains a vital step in safeguarding the integrity of important legal transactions.

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Notarizing for a person who is signing a document written in a foreign language

Notarizing documents can sometimes pose unique challenges, especially when dealing with documents written in foreign languages that the notary doesn't understand. In such cases, it is important for the notary to focus on their role as a witness to the signing process rather than the content of the document. The notary's primary responsibility is to verify the identity and willingness of the person signing the document. They must carefully examine the signer's identification, ensure they comprehend the nature of the document, and confirm their voluntary intention to sign. While the notary may not understand the content, their function remains vital in certifying the authenticity of the signature and the validity of the process, providing peace of mind to all parties involved.

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What if the person signing is mentally incapacitated?

The law prohibits you from notarizing the signature of a person who you know has been adjudicated mentally incapacitated by a court of competent jurisdiction if that notarization pertains to a right that has been removed. These rights refer to such things as the right to vote, to marry, to execute conveyances of real property, etc.

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Notarizing for a person who is blind

The law requires you to read the document to the document signer before the notarization. You may wish to add a statement in your notarial certificate that you have complied with this requirement of the law: "I further certify that I read the document to (name of signer) prior to notarization."

Unless you are an attorney, you cannot advise the person about the contents of the document; however, you may re-read any portion of the document to the person.

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Notarizing for a person who does not speak English

The nature and effect of the document must be translated into a language that the person does understand. The law does not specify that a written translation is required; therefore, an oral translation is sufficient.

You may wish to add a statement in your notarial certificate that you have complied with this requirement of the law: "I further certify that the nature and effect of the document was translated for (name of signer) by (name of translator) prior to notarization."

You may also want the translator to sign the document and your journal.

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Notarizing for a person who cannot hear

The obvious problem that exists in this situation is communication. Unless you and the signer are competent in sign language or lip reading, you should communicate with the person by writing notes.

■ Make additional comments about the notarization in your journal entry.

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