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.

Have you ever wondered about the significance of an Arizona Mental Health Power of Attorney? This legal document plays a crucial role in granting a designated agent the authority to make critical mental health treatment decisions on an individual’s behalf when they cannot do so themselves. Typically, it comes into play when a person faces a mental health crisis or lacks the capacity to make informed choices regarding their mental health treatment, often due to illness, injury, or other circumstances.

It’s important to note that an Arizona Mental Health Power of Attorney can be integrated into or exist independently of a broader healthcare power of attorney. This document usually contains specific directives about the types of mental health treatment the designated agent can oversee and any restrictions on their decision-making authority. The agent is typically a trusted friend or family member appointed by the individual, who is referred to as the principal.

Role of the Mental Health POA

In situations with no dedicated Mental Health Power of Attorney, the agent under a traditional health care power of attorney can make decisions related to mental health treatment if the principal is found incapable. However, it’s essential to understand that this agent cannot admit the principal to an inpatient psychiatric facility or consent to inpatient psychiatric treatment. In such cases, resorting to emergency Title 14 Guardianship or Title 36 Court-Ordered Treatment legal processes may be necessary to authorize inpatient psychiatric treatment.

On the other hand, when a Mental Health Power of Attorney is in place and explicitly grants the agent the authority to admit the principal to an inpatient psychiatric facility, the agent can take action if there is reasonable cause to believe that the principal requires evaluation or treatment. Additionally, if a patient refuses treatment or requests discharge, and the treating physician deems further inpatient treatment necessary, the facility can rely on the agent’s consent for treatment, release, and discharge decisions as per the authority granted in the Mental Health Power of Attorney. This can often help avoid the need for Title 14 Guardianship and/or Title 36 Court-Ordered Treatment legal proceedings.

The Value of an Arizona Mental Health POA

In essence, the Arizona Mental Health Power of Attorney is an invaluable legal document, particularly when someone is in the midst of a mental health crisis. It is a powerful tool for avoiding lengthy and complex court proceedings, especially when inpatient mental health treatment becomes essential.

Regardless of their mental health status, every adult should consider including a Mental Health POA in their estate plan. It’s worth mentioning that while this document is significant, it is just one of several medical directives that should be part of a comprehensive Arizona estate plan.

The information contained in this blog was generously provided by Bivens & Associates P.L.L.C., who not only forms part of our proud coalition but also has a proven track record of helping seniors and their families with all aspects of elder law in Arizona.

Building a trust or an estate plan is where experience counts, but that doesn’t mean you must go to a large law firm. On the contrary, some of the savviest trusts and estates attorneys have their firms or practice in small and moderate-size law firms in Arizona.

Hiring a Trusts and Estates Attorney By the Hour vs. a Flat Rate.

An average flat fee for a basic revocable trust plan may run from $2,500 to $10,000, depending on the trust’s complexity and the estate’s size. Flat fees, however, aren’t necessarily a better deal than hourly rates. Remember, the priciest lawyer isn’t necessarily the best.

Ask at the outset for the lawyer’s rate. It’s better to know upfront so that neither of you wastes the other’s time if there’s a vast discrepancy between what an attorney charges and what you’re willing to pay. Generally, the more assets a person has, the more complicated their estate is likely to be, and the more it will cost to put together a thoughtful estate plan.

Choosing The Right Trusts and Estates Attorney and Signing an Agreement.

If you feel that the attorney is a good match in terms of style, pricing, and comfort with risk, you’re ready to hire them. Expect to sign an engagement or retainer agreement that outlines what services will be provided.

In Arizona, the language in this agreement is mandated by law or the state bar association. The agreement should specify two crucial points: the duty of confidentiality and the duty of loyalty. For example, an attorney cannot keep confidence from one spouse while still fulfilling his duty of loyalty to the other spouse. To ensure that loyalty, spouses will generally be asked to waive confidentiality between themselves and the attorney.

Gathering Information to Minimize Estate Taxes.

Your trust and estate attorney will likely give you homework after signing an agreement. Most attorneys use a worksheet, up to 30 pages long, designed to help identify your goals, raise issues, and gather data on your estate. Some questions may feel intrusive, such as whether there’s any substance abuse in the family. This may, however, affect how you hold assets in trust for particular beneficiaries.

Some estate attorneys will charge an extra fee for consulting on how to help minimize estate taxes. Even though there is no Arizona estate tax, the federal estate tax may apply to your estate. The federal estate tax exemption is $12.06 million for 2022. This tax is portable for married couples. With the proper legal steps, a couple can protect up to $24.12 million when both spouses have died. Additional planning, which will include advice on minimizing or eliminating such taxes by transferring assets to an irrevocable trust, for example, can add as little as $1,000 to the legal bill while potentially saving your heirs tens of thousands of thousands of dollars, making it a worthwhile investment.

Staying Current with Estate Documents.

Some wills and revocable trusts require more than one draft. Often, this depends on how well you’ve communicated your wishes to the attorney. A revocable trust document may be as long as 40 pages. Your attorney should provide a one-page flow chart and then a five- to 10-page summary of what’s contained in the document.

Once the revocable trust and will are finalized, decide who will keep the documents and where. Next, the attorney will give you instructions on how to fund the trust by transferring assets into it and changing the title on accounts and property. Perhaps the most important thing to remember is that a will and revocable trust can be changed and modified.

Good lawyers will communicate with a trustee periodically by letter to remind him of the terms of his will and inquire whether he has any interest in making changes. Tarenaren’t trying to drum up fees; they know that circumstances change and that wills and trusts need modifying. If your lawyer doesn’t do this, you should add “review will” to your tickler file when tax time rolls around.

Watch as Scott delves into the complex and often misunderstood world of legal paperwork to get in order BEFORE disaster strikes your family.

Jason May from AZ Law Doctor joins Scott this week as they delve into the main difference between a healthcare power of attorney and a mental health power of attorney and why each document is so crucial. Jason also touches on why doing the necessary paperwork in anticipation of disaster can make a difference when the time comes.

Contact us at Senior Resource Connectors today for more expert advice, trusted resources, or a patient ear.