When you go to get documents notarized you assume all of your personal data is going to be safe, right? Unfortunately, that is not always the case. Did you know that notaries in Arizona are NOT background checked when we receive our notary commission? That means anyone with $40 can become a notary in Arizona. Notaries in Arizona also get NO training. We don’t get any training on notary laws nor do we take a test to find out if we have any idea what our role is or how important our role is in handling legal documents. I had no idea about this until I became a notary almost 9 years ago. My guess is most of you did not know this until right now.
So how do you know the notary at least has a basic understanding about notary laws and your personal information is safe? There are no guarantees but there are some things to pay attention to: When you go to a notary or a mobile notary comes to you, does the notary cover up the personal information that is written on the same page where you sign your name in their book? If not, that means ALL of the personal information on that page could be easily stolen and used for identity theft. Just the other day, I walked into a UPS store to drop something off and the notary on duty was working with two people right in the middle of the store. The page in the notary book was almost full and I could see all of the personal information of every person on that page of the notary book. I could have easily taken a picture of all of that information with my phone without anyone knowing it and used it for nefarious reasons. Then when the notary was done, she walked back behind the counter and instead of securing her notary book and notary stamp, she casually threw them on the back counter and started helping other customers in the store. This not only left all that personal information vulnerable and easily available to an unscrupulous person but it made her stamp vulnerable to theft and being used on fraudulent documents . This is a clear example that this notary does NOT know the notary laws. Unfortunately, you will find these things happening more often than not.
Other examples that a notary does not know notary laws include back dating or forward dating a notarized document. It is the law that the date in the notary block (the paragraph where the notary signs and stamps the document) MUST be the date the document is being notarized on. The notary block must also include information about who the signer is, and the county and state the document is being notarized in. I have seen documents with no notary block at all, just the notaries signature and stamp. This is also an indication the notary does not know the notary laws or how to do their job.
Did you know that it is against the law for a notary to notarize documents that have blank spaces? I had a client come to me to notarize some documents for a refinance on their truck. They were refinancing with a local credit union but they were using a third party they found on the internet. The document was mostly blank. The information for the truck was on the document but the information for the owner was blank. I told the signer that she needed to put her information on the document where it was asking for it. She then told me the person she was working with told her NOT to fill anything else out. I told her I could not notarize the document. She then decided to call the person she was working with on this loan and she told him that she was with the notary and that the notary was refusing to notarize the document with all of the blank spaces. He then told her to just go to a different notary and they would do it. At that point she decided she was going straight to the credit union to apply for the loan directly. I think that was a smart move because we both believed this third party was trying to steal her truck! When there are blank spaces on a document, anyone can then fill in anything they want and it will be notarized.
Notaries are also required to do their best to make sure the signer in comprehending and understanding what they are signing. If the signer is not, then the notarization can not be done.
When witness are required, a notary must make sure the witness is not related to the signer or anyone named in the document, it is considered a conflict of interest. The witness also CANNOT be anyone involved with the care of the client.
If you are looking for a notary for your senior, there are a couple of things I highly recommend for you to look for in a notary. The first of course, is a background check on the notary. Notaries can get background checks through the National Notary Association. If you go to SigningAgent.com or FindaNotary.com, both are through the National Notary Association, then you can search the notary’s name and find out if they are background checked. If their name does not come up, though they could be background checked somewhere else, it is unlikely and I would avoid using their services. The other is how much experience a notary has with someone who is in cognitive decline (not all seniors have this issue). See if you can find one that is dementia trained or certified. This helps them to know how to speak with your senior to understand if they are making decisions that they are understanding.
I hope this information helps you to keep your’s and your senior’s personal information safe!
Melinda ‘Mindy’ Hansen
M&M Mobile Notary & Signing Agents, LLC
Call: 602.430.0951
We’d like to thank Melinda Hansen for supplying us with this valuable information, and for contributing to our blog. To learn more about her services, check out her website here. If you require help with other facets of caring for an aging loved one, check out our comprehensive directory of age-friendly businesses.
