Frequently asked questions:

Where can I find the forms?

Notaries are legally prohibited from providing forms.By working with an attorney, you will be confidant that your paperwork accurately reflects your wishes in regards to your estate plan.

Also, there are many online legal sites such as Rocket Lawyer, Legal Zoom, Legal Shield and others that might be able to help.  A Google search may bring up more options as well.

What forms do I need?
Consult your attorney!  I am often asked about the various forms, and since I am not an Attorney, I cannot offer advice.  I can refer you to a qualified Estate Attorney if you
My Mom is very sick; can she still sign the documents?
To notarize someone’s signature, that signer must (MUST) be alert and cognizant.  I must know that the signer is a willing participant and understands the significance of what is being signed.  So… if your loved one is very ill, let’s talk about your situation and work through the requirements.
My Uncle has Alzheimers; can you help with his Power of Attorney?
If the signer doesn’t have an understanding of the documents, whether it is from a cognitive disability like Senility or Alheimers, or from narcotics for pain management, his signature cannot be notarized.  Call your Attorney or your local Public Defender’s Office to discuss a Conservatorship.
I can’t find my father’s ID; will his Social Security Card work?

Signers are most commonly identified by either a VALID (not expired) photo ID (Driver’s License, Senior ID Card, ID Card or US Passport).  Unfortunately, Social Security Cards, credit cards, expired ID cards or birth certificates cannot be used.Not everyone has an ID that qualifies though.  Often, when someone is in an acute care situation, no one even knows where the ID or wallet is located.

If there is no valid ID, which is often the case with our Senior family members, then you must arrange to have two witnesses present who can swear under oath that the signer is who he says he is.  These 2 witnesses must present valid photo ID.

Who can witness my signing?

A witness should be a neutral third party with nothing to gain or loose in the document being signed.  Witnesses CAN BE neighbors, friends, colleagues, or hired care givers.In general, hospital/care facility employees are prohibited from acting as witnesses to a signing.  For notarized documents, family members or anyone who has a financial interest in the paperwork CANNOT be used either.

For witnesses who are present to establish the signer’s identiy, they must have valid photo ID and must be willing to swear about the identity of the signer.