NOTARIZING DOCUMENTS FOR PATIENTS:

What You Should Know BEFORE You Call Our Notary

Massachusetts Governor Mitt Romney issued the Executive Order 445 (03-13), effective December 19, 2003 and the Revised Executive Order 455 (03-13), effective May 15, 2004, which dramatically affects how notarizations are performed. We are fortunate that Corinne Castro agreed to request appointment to act as a notary public so that she could assist the social service department’s patients. She recently attended a training, which explained in detail the role of the notary and the changes to Massachusetts’ Notary laws. Please be aware of the following things that are now required by law in order for your patient to have her/his document notarized.

A Notary may only notarize the signature of a person who personally appears before the Notary at the time of notarization. Before the notarization can take place, the Notary must be sure that the signer understands the consequences of the transaction, that the signer is acting on her/his own free will, and that the signers have been positively identified.

Identification cards must be presented as satisfactory evidence of identity and must:

• Be current.
• Be issued by a federal or state government.
• Contain the bearer’s photograph and signature.

In addition to signing all paperwork, the signer is also required to sign the Notary journal.

Sometimes a person is unable to sign her/his name. The following procedure will be used:

Signature by Mark

• A person may sign a document and Notary journal with an “X” or other personal mark if s/he cannot write.
• Two Impartial witnesses must observe the making of the mark, and both witnesses must sign their names near the mark and in the Notary journal.
• The notary will then notarize the document.

Signature by Proxy

• A person physically unable to sign or make a mark may direct a Notary to sign in the presence of two impartial witnesses.
• The two impartial witnesses must then also sign their own names besides the signature and in the Notary journal.
• The notary will then notarize the document.

The Community Resource Center will be piloting the following staff guidelines. We welcome any feedback. Please:

• Only refer patients or families. Notarizing can be time-consuming and interrupts other work tasks, so please help us utilize our staff time effectively.
• Assess the situation prior to referral. We’d prefer referrals to come from a social worker familiar with the case to ensure that pertinent information is relayed.
• Respect her decision and support her if she says no. Families may apply a lot of pressure to get documents inappropriately notarized. We’d appreciate your help if our notary feels the patient cannot adequately demonstrate the understanding, free will or identity documentation required by law.
• Allow a few minutes prior to and after the notarization to consult with the notary. These cases can be sensitive and/or emotional in nature. It helps to know what she is walking into and to have a moment to debrief.

Thanks for your assistance.

If you have any questions about these procedures, please contact Corinne Castro, x 6-8182. If you have feedback about the staff guidelines pilot, please contact Ellen Forman, x6-5807.

09/2004