I have been a notary public for nearly 30 years. My first commission was issued on June 23, 1994. Each time I’ve applied my notarial stamp to a document, I’ve had to fill out at least one line, sometime multiple lines, in a record of information book known as a journal. Over the years I’ve done enough notarizations to fill a large stack of these hard-backed ledgers. By counting the stack of used books, I estimate I’ve completed at least 10,000 lines in these volumes.
Seven times now, once every four years, I've sat through an all-day class about updates in the law, and been reminded of appropriate, and sometimes technical notary procedures. Each time I must also pass a written test issued by the California Secretary of State in order to keep my commission valid.
I continue renewing my commission because I find the work interesting. Sometimes the document I’m asked to notarize is mundane. Other times it's crucial to some pending litigation or business transaction. It might be a whole stack of loan documents or real estate agreement. In most instances, the document is something my customer wants to keep as reasonably private as possible. Once in a great while my customer is up to something shady. The document may not be unlawful but might be morally reprehensible. Fortunately, that sort of client has been few and far between.
Whether the customer’s signature on a document represents an ordinary piece of business, or something more disreputable, it's still that person’s private business. I have had to become knowledgeable of the purpose and intent of these documents because the client needs my notarial stamp affixed to them. Therefore, I have a moral obligation to keep my mouth shut about other people’s business.
I'm available as a mobile notary using a large bag as my portable office. In addition to interesting or mundane notary jobs, this also results in being called to private homes and rest homes where someone has limited mobility, and is possibly bedridden.
Sometimes these are sad appointments knowing the signer’s days are numbered. They can become even worse when I have to tell the client I can't notarize the document they're needing because they’ve waited too long. The signer may have lost the physical ability to sign, though signing with a simple mark is still something a notary can work around, or the mental capacity has dwindled. The signer should know where they are, what day it is, and what they're being asked to sign, in order to demonstrate to the notary their all-important capacity which is mandated by the notarial document wording. If time has taken away either physical or mental capacity, there 's often nothing to be done.
However, another requirement is having an unexpired ID for the potential signer. A current Drivers License, a current California ID, or even a current Passport will provide me with sufficient identification to allow the notarization to proceed without a problem.
Therefore, the purpose for this column is to urge readers to take action now. Please do it today before it's too late.
First, let’s look at the simplest thing. If you, and most especially, someone in your family or an acquaintance, might ever, and I strongly emphasize the word ever, need to be positively identified, pick up and look at those potentially useable IDs today.
The simplest and most common ID is the Drivers License. It can be from any state and the same rules will apply. A passport can also be used as a legal ID. Physically take these forms of ID out of the billfold or purse and look at them to make sure they're still valid. Too many times, I’ve been handed the ID only to find it had expired. If it has expired, it still might be used, but now it becomes a little tricky. Let’s use some actual dates for clarity.
Grandpa’s California Drivers License expired on his last birthday, October 25, 2023. Today is April 17, 2024. The old boy hasn’t driven for a couple of years, and his license expired almost 6 months ago. However, if his expired license was issued less than five years ago, it can still be considered a valid ID.
Look at the date the license was issued. On a California License, you’ll find it in the bottom right corner of the license, just below the letters “ISS.” In the scenario above, if it was issued after April 17, 2019, it’s still considered a valid ID, even though it’s expired. On licenses from other states there will still be an Issued date somewhere on the face. For passports the date of issue is on the face of the document near the expiration date.
However, if someone has an expired license, the clock is ticking. Take this person to the DMV while they're still mobile enough to get there, and go through the process of getting them a California ID. You may think going to this much effort isn't worth the effort. “He’ll never need an ID. He’s never going to drive again.” However, I’ve run into situations several times when a simple California ID in someone’s pocket or purse would have made a badly needed notarization quick and easy.
If obtaining a valid ID is neither practical nor possible, there's still the ability to use two credible witnesses. Both need to be able to swear to someone’s identity, and both must have a valid ID. They become a signer’s valid ID by swearing, under an oath given by the notary, the signer really is who they purport to be. Neither of those two credible witnesses can have any financial connection, nor be a party to the document being signed. Therefore, the best choices would be a neighbor or friend and not a relative. If someone has no ID, and they aren’t going to get one, I suggest you give consideration, before you desperately need them, to two people willing to act as credible witnesses. Even if you really don’t think this is necessary at this time, remember life situations do change, and sometimes in the blink of an eye.
