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State Notary References

Each State’s Rules for Finalizing Healthcare Directives

This is a great list made by Attorney Valerie Keene of what each state’s requirements concerning Healthcare Directives. Select your state to learn about your state’s laws or simply scroll down.

StateDocument Name(s) & Signing Requirements
AlabamaAdvance Directive for Health Care Two witnesses are required. Neither of your witnesses may be under the age of 19your health care proxy the person who signed your advance directive for you, if you were unable to sign it yourself related to you by blood, marriage or adoption entitled to any portion of your estate by operation of law or under your will, or directly financially responsible for your medical care. If you grant your proxy the power to direct your burial or cremation, your advance directive must also be notarized.
AlaskaAdvance Health Care Directive If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be your health care agent your health care provider an employee of your health care provider, or an employee of the health care institution or health care facility where you are receiving health care. In addition, at least one of your witnesses must not be related to you by blood, marriage or adoption—and must not be entitled to any part of your estate under a will or codicil (amendment to a will).
ArizonaLiving Will & Health Care Power of Attorney Both documents must be signed by at least one witness or notarized. If you choose to have the document witnessed, you may choose to have one or two witnesses. If you choose to have one witness, your witness may not be any person involved in providing your health care related to you by blood, marriage or adoption, or entitled to any part of your estate by operation of law or under your will.If you have two witnesses, your witnesses do not need to meet the last two requirements on the list above.If you choose to have your document notarized, the notary may not be:your health care agent, orany person involved in providing your health care.
ArkansasLiving WillMust be signed by two witnesses or notarized. If you choose to have your document witnessed, your witnesses must be at least 18 years old. In addition, one of your witnesses may not be related to you by blood, marriage or adoption, or entitled to any part of your estate under your will or by operation of law.Durable Power of Attorney for Health CareIf you grant your agent power to direct your burial or cremation, your document must be signed by two witnesses. If you do not grant this power, you may choose to have the document signed by two witnesses or notarized. If you choose to have your document witnessed, your witnesses must be at least 18 years old. In addition, one of your witnesses may not be related to you by blood, marriage or adoption, or entitled to any part of your estate under your will or by operation of law.
CaliforniaAdvance Directive for Health CareMust either be signed by two witnesses or notarized.If you choose to have the document witnessed, neither of your witnesses may be:your health care agentyour health care provideran employee of your health care providerthe operator of a community care facilityan employee of a community care facilitythe operator of a residential care facility for the elderly, oran employee of a residential care facility for the elderly.In addition, one of your witnesses must not be related to you by blood, marriage or adoption—and must not be entitled to any part of your estate by operation of law or under your will.Finally, if you are in a skilled nursing facility, the document must also be witnessed by a patient advocate or ombudsman. (This requirement applies whether the document is witnessed or notarized.)
ColoradoDeclaration as to Medical or Surgical Treatment Medical Durable Power of AttorneyBoth documents must be signed by two witnesses and may also be notarized.Neither of your witnesses may be:a physicianan employee of your attending physicianan employee of a health care facility where you are a patienta person with a claim against your estate, ora person entitled to any part of your estate by operation of law or under your will.In addition, if you are a patient or resident of a health care facility, the witnesses cannot be patients of that facility.
ConnecticutHealth Care Instructions and Appointment of Health Care Agent and Attorney-in-Fact for Health Care DecisionsMust be signed by two witnesses.Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and the person named to serve as your health care agent and your attorney-in-fact for health care decisions not act as a witness. You and your witnesses may also sign in front of a notary public, but you are not required to do so.Document Concerning Withholding or Withdrawal of Life Support SystemsMust be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and the person named to serve as your health care agent and your attorney-in-fact for health care decisions not act as a witness.Appointment of Health Care Agent and Attorney-in-Fact for Health Care Must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and the person named to serve as your health care agent and your attorney-in-fact for health care decisions not act as a witness.
DelawareAdvance Health Care DirectiveThe document must be signed by two witnesses. Neither of your witnesses may be:under the age of 18related to you by blood, marriage or adoptionan owner, operator or employee of a residential long-term health care institution in which you are a residenta person directly financially responsible for your medical carea person with a claim against any portion of your estate, ora person entitled to any portion of your estate by operation of law or under your will.If you are a resident of a sanitarium, rest home, nursing home, boarding home or related institution, one of the witnesses must be, at the time you sign the Advance Health Care Directive, a patient advocate or ombudsman designated by the Division of Services for Aging and Adults with Physical Disabilities or the Public Guardian.
District of ColumbiaDeclarationMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18related to you by blood, marriage or domestic partnershipyour attending physicianan employee of your attending physicianan employee of a health care facility where you are a patientthe person who signed your declaration for you, if you were unable to sign it yourselfa person entitled to any part of your estate by operation of law or under your will, ora person directly financially responsible for your medical care.If you are a patient in a skilled care facility, one witness must be a patient advocate or ombudsman.Durable Power of Attorney for Health CareMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18your health care attorney-in-factyour health care provider, oran employee of your health care provider.In addition, one of your witnesses must not be related to you by blood, marriage, or adoption and must not be entitled to any part of your estate by operation of law or under your will.
FloridaLiving WillMust be signed by two witnesses, one of whom must not be your spouse or related to you by blood.Designation of Health Care SurrogateMust be signed by two witnesses, both of whom must be at least 18 years old. Neither witness may be your health care surrogate. In addition, one of your witnesses must not be your spouse or a blood relative.
GeorgiaAdvance Directive for Health CareMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18your health care agenta person who is directly involved in your health care, ora person who will knowingly inherit anything from you or knowingly gain a financial benefit from your death.In addition, only one of your witnesses may be an employee, agent or medical staff member of the hospital, skilled nursing facility, hospice or other health care facility in which you are receiving health care. (This witness is still prohibited from being directly involved in your health care.)
HawaiiAdvance Health Care DirectiveIf you grant power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:your health care agenta health care provider, oran employee of a health care provider facility.In addition, at least one of your witnesses must not be related to you by blood, marriage or adoption—and must not be entitled to any part of your estate by operation of law or under your will.
IdahoLiving Will and Durable Power of Attorney for Health CareIdaho law does not require that your documents be witnessed or notarized. However, witnesses are recommended to avoid concerns that the document was forged, that you were forced to sign it or that it does not represent your wishes. If you choose to have your documents witnessed, we suggest that your witnesses be at least 18 years old and that your health care agent not act as a witness.
IllinoisDeclarationMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18the person who signed your declaration for you, if you were unable to sign it yourselfa person entitled to any part of your estate by operation of law or under your will, ora person directly financially responsible for your medical care.Durable Power of Attorney for Health CareMust be signed by one witness. Your witness may not be:under the age of 18your attending physician, advanced practice nurse, physician assistant, dentist, podiatric physician, optometrist, or psychologista relative of any of the health care professionals listed just abovean owner, operator or relative of an owner or operator of a health care facility in which you are a patient or resident (this includes directors or executive officers of an operator that is a corporate entity, but not other employees of the operator, such as non- owner chaplains, social workers or nurses)a parent, sibling, or descendant, or the spouse of a parent, sibling, or descendant, of either you, your agent, or your alternate agent, regardless of whether the relationship is by blood, marriage, or adoption, oryour agent or alternate agent for health care.
IndianaLiving Will DeclarationMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18your parent, spouse, or childa person entitled to any part of your estatea person directly financially responsible for your medical care, orthe person who signed your declaration for you, if you were unable to sign it yourself.Durable Power of Attorney for Health Care and Appointment of Health Care RepresentativeMust be notarized.
IowaDeclaration & Durable Power of Attorney for Health CareBoth documents must follow the same requirements: Must be signed by two witnesses or notarized.If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18your health care agentyour health care provider, oran employee of your health care provider.In addition, one of your witnesses must not be related to you by blood, marriage, or adoption within the third degree of consanguinity (parents, children, siblings, grandchildren, grandparents, uncles, aunts, nephews, nieces, and great-grandchildren).
KansasDeclarationMust be signed by two witnesses or notarized. Neither of your witnesses may be:under the age of 18the person who signed your declaration for you, if you were unable to sign it yourselfrelated to you by blood or marriageentitled to any part of your estate by operation of law or under your will, ordirectly financially responsible for your health care.Durable Power of Attorney for Health Care DecisionsMust be signed by two witnesses or notarized.If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18your agent for health care decisionsrelated to you by blood, marriage, or adoptionentitled to any part of your estate by operation of law or under your will, ordirectly financially responsible for your health care.
KentuckyAdvance DirectiveMust be signed by two witnesses or notarized. Neither of your witnesses nor the notary may be:related to you by bloodyour beneficiary by operation of Kentucky lawyour attending physicianan employee of a health care facility where you are a patient, unless the employee serves as a notary public, ordirectly financially responsible for your health
Louisiana(Nolo does not provide legal information about estate planning in Louisiana.)
MaineAdvance Health Care DirectiveThe document must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your health care agent not act as a witness.
MarylandAdvance DirectiveThe document must be signed by two witnesses. The person you name as your health care agent cannot serve as a witness. In addition, at least one of your witnesses must be a person who is not entitled to any portion of your estate, and who is not entitled to any financial benefit by reason of your death.
MassachusettsDocument Directing Health Care & Health Care ProxyBoth documents must be signed by two witnesses. Neither of your witnesses may be:under the age of 18, oryour health care agent.
MichiganDocument Directing Health CareMust be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your patient advocate not act as a witness.Patient Advocate DesignationMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18your spouse, parent, child, grandchild, or siblingyour patient advocateyour physicianan employee of your life or health insurance provideran employee of a health care facility where you are a patientan employee of a home for the aged where you live, orentitled to any portion of your estate by operation of law or under your will.
MinnesotaHealth Care DirectiveMust be signed by two witnesses or notarized. Neither of your witnesses nor the notary may be your health care agent.If you choose to have the document witnessed, at least one of the witnesses may not be a health care provider or an employee of a provider directly attending to you.If you choose to have the document notarized, the notary may not be your health care agent.
MississippiAdvance Health Care DirectiveMust be signed by two witnesses or notarized.If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18your health care agenta health care provider, oran employee of a health care provider or facility.In addition, one witness must not be related to you by blood, marriage or adoption and must not be entitled to any part of your estate by operation of law or under your will.
MissouriDeclarationMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18, orthe person who signed your declaration for you, if you were unable to sign it yourself.Durable Power of Attorney for Health CareIf you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized. If you do not grant this power, only the notary is necessary.
MontanaDeclaration & Durable Power of Attorney for Health CareBoth documents must be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your health care agent not act as a witness.
NebraskaDeclarationMust be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18, oran employee of your life or health insurance provider.In addition, one witness may not be a director or employee of your treating health care provider.Durable Power of Attorney for Health CareIf you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant your agent the power to direct your burial or cremation, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:your attorney-in-fact for health care decisionsyour attending physicianyour spouse, parent, child, grandchild or siblingyour presumptive heir or known devisee, oran employee of your life or health insurance provider.In addition, one of your witnesses must not be an administrator or employee of your health care provider.
NevadaDeclarationMust be signed by two witnesses. Although the law does not restrict who can serve as a witness, we suggest that your witnesses be at least 18 years old and that your attorney-in-fact for health care decisions not act as a witness.Durable Power of Attorney for Health Care DecisionsIf you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18your attorney-in-fact for health care decisionsa health care provideran employee of a health care providerthe operator of a health care facility, oran employee of the operator of a health care facility.In addition, one of your witnesses must not be related to you by blood, marriage, or adoption and must not be entitled to any part of your estate by operation of law or under your will.
New HampshireAdvance DirectiveMust be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18your health care agentyour attending physician or advanced registered nurse practitioner (ARNP) or a person acting under the direction or control of the attending physician or ARNPyour spouse, orentitled to any part of your estate by operation of law or under your will.In addition, no more than one witness may be a health or residential care provider or such provider’s employee.
New JerseyCombined Advance Directive for Health Care & Instruction Directive or Proxy DirectiveAny document must be signed by two witnesses or notarized.If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18, oryour health care representative.
New MexicoAdvance Health Care DirectiveThe law does not require that your advance directive be witnessed. However, witnesses are recommended to avoid concerns that the document might be forged, that you were forced to sign it, or that it does not genuinely represent your wishes. If you choose to have your document witnessed, we suggest that your witnesses be at least 18 years old.
New YorkDocument Directing Health Care & Health Care ProxyBoth must be signed by two witnesses. Neither of your witnesses may be:under the age of 18your health care agent, orthe person who signed the declaration for you, if you were unable to sign it for yourselfIf you reside in a mental health facility, your witnesses must meet additional requirements. Ask your mental health care provider for more information.
North CarolinaAdvance DirectiveMust be signed by two witnesses and notarized. Neither of your witnesses may be:related to you by blood or marriageyour attending physician or mental health treatment providera licensed health care provider who is (1) an employee of your attending physician or mental health treatment provider, (2) an employee of the health facility in which you are a patient, or (3) an employee of a nursing home or any adult care home where you residea person entitled to any part of your estate by operation of law or under your will, ora person with a claim against you or your estate.Health Care Power of AttorneyMust be signed by two witnesses and notarized. Neither of your witnesses may be:under the age of 18related to you by blood or marriageyour attending physician or mental health treatment providera licensed health care provider who is (1) an employee of your attending physician or mental health treatment provider, (2) an employee of the health facility in which you are a patient, or (3) an employee of a nursing home or any adult care home where you residea person entitled to any part of your estate by operation of law or under your will, ora person with a claim against you or your estate.
North DakotaMust be signed by two witnesses or notarized. Neither the witnesses nor the notary may be:under the age of 18your spouse or another person related to you by blood, marriage or adoptionyour health care agenta person entitled to any part of your estate upon your death, ora person with a claim against your estate.In addition, at least one witness must not be a health care or long-term care provider providing you with direct care or an employee of the health care or long-term care provider providing you with direct care. (This restriction does not apply to the notary.)
OhioDeclarationMust be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18related to you by blood, marriage, or adoptionyour attending physicianan administrator of a nursing home where you receive care, orthe person who signed your declaration, if you were unable to sign it yourself.Durable Power of Attorney for Health CareMust be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18related to you by blood, marriage, or adoptionyour attorney-in-factyour attending physician, oran administrator of a nursing home where you receive care.
OklahomaAdvance Directive for Health CareIf you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized. If you do not grant this power, only the witnesses are necessary. Neither of your witnesses may be:under the age of 18related to you by blood, marriage, or adoption, ora person who might inherit from you.
OregonAdvance DirectiveMust be signed by two witnesses.Neither of your witnesses may be:your health care representative, oryour attending physicianOne witness may not be:related to you by blood, marriage or adoptionan owner, operator or employee of a health care facility where you are a resident, ora person entitled to any part of your estate upon your death.
PennsylvaniaDeclaration & Durable Power of Attorney for Health CareBoth documents must be signed by two witnesses. Neither of your witnesses may be:under the age of 18, orthe person who signed your declaration for you, if you were unable to sign it yourself.
Rhode IslandDeclarationMust be signed by two witnesses. Your witnesses may not be related to you by blood or marriage.Durable Power of Attorney for Health CareIf you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized.If your document will be notarized, the notary may not be:related to you by blood, marriage, or adoption, orentitled to any part of your estate by operation of law or under your will.If you choose to have the document witnessed, neither of your witnesses may be:under the age of 18your health care agenta health care provideran employee of a health care providerthe operator of a community care facility, oran employee of an operator of a community care provider.In addition, one of your witnesses must not be related to you by blood, marriage, or adoption and must not be entitled to any part of your estate by operation of law or under your will.
South CarolinaDeclarationMust be signed by two witnesses and notarized. Neither of your witnesses may be:related to you by blood, marriage, or adoptionyour attending physicianan employee of your attending physiciana person directly financially responsible for your medical carea person entitled to any part of your estate by operation of law or under your willa beneficiary of your life insurance policy, ora person who has a claim against your estate.No more than one of your witnesses may be an employee of a health care facility where you are a patient. If you are in a hospital or nursing care facility when you sign your declaration, at least one of your witnesses must be an ombudsman designated by the state.Health Care Power of AttorneyMust be signed by two witnesses and notarized. Neither of your witnesses may be:your health care agentyour attending physicianan employee of your attending physicianrelated to you by blood, marriage, or adoptiondirectly financially responsible for your medical carethe beneficiary of an insurance policy on your lifea person with a claim against your estate at the time you sign your document, ora person entitled to any portion of your estate by operation of law or under your will.In addition, only one witness may be an employee of a health care facility in which you are a patient.
South DakotaLiving Will DeclarationMust be signed by two witnesses, both of whom are at least 18 years old, and may also be notarized, although notarization is optional.Durable Power of Attorney for Health CareMust be signed by two witnesses, both of whom are at least 18 years old.
TennesseeAdvance Health Care DirectiveMust be signed by two witnesses or a notary. If you choose to have your document witnessed, both witnesses must be competent adults and neither may be your health care agent. In addition, at least one of your witnesses must not be related to you by blood, marriage, or adoption—and must not be entitled to any part of your estate by operation of law or under your will.
TexasDirective to Physicians and Family or SurrogatesMust be signed by two witnesses. Your witnesses must be at least 18 years old. In addition, at least one of your witnesses may not be:your health care agentrelated to you by blood or marriageyour attending physicianan employee of your attending physicianan employee of a health care facility in which you are a patient if the employee is providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility, or an employee of a health care facility in which you are a patient if the employee is providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility, ora person who is entitled to or has a claim against any part of your estate after your death.Medical Power of AttorneyIf you grant your agent power to direct your burial or cremation, your document must be signed by two witnesses and notarized. Your witnesses must be at least 18 years old. In addition, at least one of your witnesses may not be:your health care agentrelated to you by blood or marriageyour attending physicianan employee of your attending physicianan employee of a health care facility in which you are a patient if the employee is providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility, ora person who is entitled to or has a claim against any part of your estate after your death.If you do not grant your agent power to direct your burial or cremation, you may choose to have your document signed by two witnesses (subject to the requirements, above) or notarized.
UtahAdvance Health Care DirectiveMust be signed by one witness. Your witness may not be:under the age of 18your health care agentrelated to you by blood or marriagea health care provider who is providing care to youan administrator at a health care facility where you are receiving carea person directly financially responsible for your medical carea beneficiary of a life insurance policy, trust, qualified plan, pay-on-death account, or transfer-on-death deed that is held, owned, made, or established by you or on your behalfentitled to benefit financially upon your deathentitled to a right to, or interest in, any of your real or personal property upon your death, orthe person who signed your document for you, if you were unable to sign it yourself.If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses.
VermontAdvance DirectiveMust be signed by two witnesses. Neither witness may be:under the age of 18your health care agent, oryour spouse, parent, adult sibling, adult child, or adult grandchildIn addition, if you are a patient in a hospital, nursing home or residential care facility, a designated person must sign the document after explaining it to you. Ask a patient representative for help with this requirement.
VirginiaAdvance Medical DirectiveIf you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized—and your health care agent must sign the part of the document that grants the power.If you do not grant your agent power to direct your burial or cremation, only the witnesses are necessary.Your witnesses must be over the age of 18. In addition, we suggest that your health care agent not act as a witness.
WashingtonHealth Care DirectiveMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18related to you by blood or marriageyour attending physicianan employee of your attending physicianan employee of a health care facility where you are a patienta person entitled to any part of your estate by operation of law or under your will, ora person with a claim against your estate.Durable Power of Attorney for Health CareMust be signed by two witnesses or notarized. If you choose to have your document witnessed, neither of your witnesses may be:under the age of 18related to you by blood, marriage, or state-registered domestic partnership, ora care provider for you at your home, at an adult family home, or at a long-term care facility if you live there.
West VirginiaLiving Will & Medical Power of AttorneyBoth documents must meet the same requirements: Must be signed by two witnesses and notarized. Neither of your witnesses may be:under the age of 18your health care representative or successor representativethe person who signed your document, if you were unable to sign it yourselfrelated to you by blood or marriageyour attending physiciana person directly financially responsible for your medical care, ora person entitled to any part of your estate by operation of law or under your will.
WisconsinDeclaration to PhysiciansMust be signed by two witnesses. Neither of your witnesses may be:related to you by blood, marriage, or adoptionyour domestic partneryour health care provideran employee of your health care provider, other than a chaplain or a social workeran employee of an inpatient health care facility where you are a patient, other than a chaplain or a social workera person directly financially responsible for your medical carea person who has a claim against your estate, ora person entitled to any part of your estate by operation of law or under your will.Power of Attorney for Health CareMust be signed by two witnesses. Neither of your witnesses may be:under the age of 18your health care agentrelated to you by blood, marriage, or adoptionyour domestic partneryour health care provideran employee of your health care provider, other than a chaplain or a social workeran employee of an inpatient health care facility where you are a patient, other than a chaplain or a social workera person directly financially responsible for your medical care, ora person with a claim against your estate.
WyomingAdvance Health Care DirectiveMust be signed by two witnesses or notarized. If you choose to have the document witnessed, both witnesses must be competent adults who know you personally. In addition, neither of your witnesses may be:your health care agenta treating health care provideran employee of a treating health care providerthe operator of a community care facilityan employee of an operator of a community care facilitythe operator of a residential care facility, oran employee of an operator of a residential care facility.
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Uncategorized

I-9 Form and Notaries Public

Notaries are often asked to complete I-9 forms by employees hired or working remotely from their employer. Employers may actually be instructing their newly hired employees to seek out a notary public in their area to assist in completing the form and review identifying documents. This may appear as something a Notary can do since they are reviewing identifying documents as a normal course of notarization. However, the I-9 Form is not a document that gets notarized – Ever! Before discussing why this is so, let’s learn what an I-9 Form is and how it must be completed.

It is required for all Employers to complete and retain the I-9 Form for all employees they hire. The form has three sections. Once hired, the Employee completes Section 1 of the form. This must be submitted to the Employer by the first day of employment.

Section 1 of I-9 Form

The Employer is responsible for completing Section 2. This is the section that Notaries are contacted to assist with. There are temporary rules that allow this completion and inspection of identifying documents to be conducted remotely. Employers will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. The Employer can either complete this form or authorize another (Authorized Representative) to complete the form.  An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf. This is where Notaries can get into trouble. Often Notaries are getting requests for completing I-9 Forms from Employees. But this form specifically states that it must be completed by the Employer or their Authorized Representative. The reason for this is because the Employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf. Notaries are not commissioned (or licensed) by their state for this authority; therefore, it is not within their capacity to conduct the completion of the I-9 Form.

I-9 Form Section 2

Can Notaries assist with the completion of the I-9 Form? Based upon the information on the document and from the US Citizenship and Immigration Services site, anyone the Employer selects and approves as Authorized Representative of the Employer may complete the form. If the Employer requests and approves a Notary Public to act as the Authorized Representative, and the notary agrees, then the Notary Public may assist in completing the I-9 Form based upon the instructions. However, any Notary doing so is no longer acting in the capacity of a Notary Public, but as the Authorized Representative of the Employer.

When notaries get requests to complete an I-9 Form, be prepared to gain information on the following:

  • Is the request coming from an Employer? If not, direct the requester to have their Employer seek the request. Only the employer can authorize a representative on their behalf.
  • In accepting the assignment as Authorized Representative, review what tasks are necessary to complete the form.
  • Never complete the form as a Notary Public or place your seal on the form. Seek guidance from your state’s licensing/commission before accepting the assignment.
  • Make sure you are aware that you are signing the document under penalty of perjury and that everything on the document is true and accurate. If there are blanks, consider having it completed or not signing.
Mileage2Go

Mileage2Go Develops Smart Mileage Calculator for Vehicle Users

American based app developer; Mileage2Go has developed a smart solution to calculate mileage of vehicles, making it easier to get miles driven each year.

The Internal Revenue Service has issued the 2020 tax year standard mileage rate of 57.5. This rate is used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Mileage has become an important component of determining tax deductions and the second-hand value of a car. While mileage is one component of a vehicle’s health, many people see it also a measure of reliability and durability, as well as a measure of fuel economy. 

Mileage2Go uses Google Calendar entries and calculates the mileage to and from a starting point selected by the driver. With the Mileage2Go solution, filing expense reports just got easier.

“Mileage2Go is a great tool to calculate mileage for tax deductions and for expense reports,” the app developer said in a statement on its website.

Drivers do not have to remember to turn anything on or off when they are traveling. They don’t have to look up every distance between two appointments. 

To use this innovative mileage calculator, drivers simply log the event on their Google Calendar. When a vehicle user is ready to figure out their mileage, they simply sign into their Mileage2Go account, select their starting point and the timeframe they want to use and Mileage2Go will create a report of the trips they have taken directly from their Google Calendar and provide the mileage. All they have to do is review and analyze entries. 

For those who does not use Google calendar, they can import their data with Excel format.

Mileage2Go also allows users to upload spreadsheets to get their mileage in a particular format.

Mileage2Go has subscription packages for one month, 3 months and 12 months. . One can select any one week of calendar entries for free to try out this service and will be able to download a report which will show the mileage calculated.

Covid-19, RON

Notaries, Beware of RON

States are enacting emergency orders to allow RON, Remote Online Notarization, as a way to safeguard both the public and notaries in areas where quarantine orders have been instituted. Besides taking away one of the primary functions of personal appearance, RON also takes away the notary’s ability to identify the signers. The function of identity verification occurs through a third party function before the signer is connected to the notary public via audio visual means.

If notaries conduct business in a state which mandates notary’s responsibility for identification, using RON can make the notaries legally responsible for incorrect identification that the third party made.

Considering RON only uses a less reliable system where personal questions are posed to the signer who must answer correctly before being given access to the notary public, the ability of fraud can become prevalent. Currently RON does not have the ability to use Biometric methods (facial recognition, thumbprinting, etc) even though states, like Virginia, have written laws to require it.

Primary functions of the notary public are to identify the signer and determine their understanding and awareness of what they are signing. These functions are seriously limited when using RON. With the identification piece entirely eliminated from the notary’s responsibility, states that place the legal responsibility on the notary will need to revise their laws to safeguard notaries public from legal ramifications regarding the identification of signers.

If you are a notary, please read your state laws carefully before engaging in RON. You may be subjecting yourself to more harm than protecting yourself from Covid-19.noron

Covid-19

Notaries Public and Signing Agents are Essential Workforce

Notaries Public are ” Essential Critical Infrastructure Workforce for the financial services sector” as defined by the attached memorandum from US Treasury Secretary, Steven Mnuchin. Notaries Public are “. . . workers who are needed to process . . . financial transactions and services, such as . . . settlement services,. . . to provide consumer access to . . . lending services, including . . key third party providers who deliver core services.” Notaries Essential

Recognition

Honoring the First Female Notary Public on International Womans Day

” I am a woman and I am a lawyer-and what of it? I came into the practice of my profession under the laws of this State, regularly and honestly, . . . and I have come to stay. I am neither to be bullied out nor worn out. ” ~~ Clara Shortridge Foltz

Unlike other original Suffragists, Clara Shortridge Foltz was able to exercise her vote after the ratification of the Ninteenth Amendment which gave women the ability to vote. Clara was the “first woman” in many ways in California:

  • 1878: First woman admitted to the Bar in California. 20th District Court at San Jose.
  • 1880: First woman to hold position Clerk for State Assembly Judiciary Committee.
  • 1881: Elected President of California’s Woman Suffrage Association.
  • 1887: First woman to hold statewide office in California (Board of State State Normal School).
  • 1891: First woman Notary Public in California. Lobbied for parole and penal reform.
  • 1909: First woman appointed to the California State Board of Charities and Corrections.
  • 1910: First female Deputy District Attorney of Los Angeles. [resource link]

This remarkable woman shaped a path for women when women weren’t in a position to do so. In 1849 when Clara Shortridge Folz was born, the United States had only its 12th US President, the California Constitution was just ratified which extended property rights to women, and the first female physician was awarded her MD (Elizabeth Blackwell). At a time before the Civil War ended and slaves were freed, a 15 year old teacher eloped with a Union soldier and thus began a life as most mid-west women did at the time. Clara Shortridge Foltz gave birth to five children and traveled to California with her husband, settling in San Jose.

During the Civil War, the Suffrage movement halted because women put their energy into the war effort. In 1878, there was a devastating economic depression. This was the year Clara Foltz became a single mother after divorce. She was a seamstress but the income was not sufficient to care for her five children, and in a time when women could not hold property in their own name let alone vote or hold prominent positions, a single mom didn’t have a great outlook. However, this did not deter Ms. Clara Shortridge Foltz. She studied law at her father’s law office in San Jose and took up a career as a public speaker arguing for women’s suffrage. She discovered that California law only allowed “any white male citizen” to become a lawyer, so she drew up an amendment striking out those limiting qualifications and pushed it through the legislature in 1878. Just months after the enactment of the Senate Bill 66, “the Woman Lawyer’s Bill”, she became the first woman admitted to the California bar. 

The triumph of this first for the single mother gave rise to another obstacle. When she was denied entry to law school because she was female, she was again not deterred. She sued the law school and won the right to enter it. She became the first Notary Public in California and developed a passion as a humane and sympathetic counselor which brought many indigent clients into her office. She discovered an inequity with the defense of the indigent clients and the highly paid and skilled prosecutors convicting them. Because she believed that unless there was comparable representation, the constitutional due process could not be had. Foltz wrote and personally promoted the “Foltz Defender Bill,” which was adopted by 31 states. She became known as the founder of the Public Defender.

Clara Shortridge Folz was an active and outspoken advocate for the Suffrage movement. Among her achievements she advocated for constitutional clauses guaranteeing women access to education and employment. In advocating for women’s rights, she kept traditional values where it concerned men:

“Men cannot succeed without the aid of women, nor can women be more truly working for the advancement of their own sex than when seeking to uplift, dignify, and purify men. Women compel men to think. “

A woman, single mother, trail blazer, advocate, and one of the original suffragists, Clara Shortridge Foltz never let the obstacles that plagued her life as a woman deter her from what she wanted. She provides inspiration to all women to never let anyone tell you, that you cannot do it. The perfect woman to be honored on International Womans Day, 2019.

#IWD2019 #BalanceforBetter

State Notary References, Uncategorized

State Max Notary Fees – April 2018

To get a document notarized, you may need to pay a modest fee. Those fees often depend on where you get the document notarized—states set maximum allowable charges, and notaries can charge any amount up to that maximum. They can also charge nothing at all.

Customers want to know what a Notary Public charges for services. With NeedANotary.Com, you can request a service and receive quotes from Notaries Public. Before submitting your request, you can enter suggested fee ranges in the “Enter Additional Information” to let Notaries know what you’d like to pay.
Mobile notaries are allowed to charge additional fees for making the trip to your location, but some states limit the maximum trip fee. In many cases, those limits are quite low, but in all cases, the cost must be “reasonable.”  Offers from notaries on NeedANotary.Com will probably include trip fees. Before requesting a visit from a mobile notary, review the limits imposed by your state to help you get an idea of the fees in your area.

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Notary Registration

The Journey Begins

What NeedANotary is:

The purpose of this website is to create a universal platform where people looking for notaries can find notaries public that service their area. Whether a person seeks traveling to the notary, meeting the notary somewhere, or working with a notary over the internet, NeedANotary.Com is designed to connect them.  There are powers in numbers, and we feel having one known spot online will generate more business for notaries while making notaries more visible to customers.

What NeedANotary is not:

A paid service!  There are no sign-up, monthly or annual charges. We structured NeedANotary to profit from the volume which means we are motivated to focus on increasing your signing opportunities.

Good company in a journey makes the way seem shorter. — Izaak Walton

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Notary Help, Uncategorized

The New Uniform Residential Loan Application

Some tips to guide signatures and initials.

The new Loan Application is at least 10 pages long and may generally require an initial and a signature. For more than one borrower, the document may add additional 5 pages per additional borrower. Each borrower will have their own page to initial but all will sign on one page (under Section 6, “Acknowledgments and Agreements”).

Here are some pictures to help you find where the initials and signatures required will appear:

Additionally there may be another document (named “Lender Loan Information”) containing three pages, all of which will need to be initialed by all borrowers:

There may be additional aspects to look for and NeedANotary.Com will look to add the information as it comes up.

Happy Signings!

Mileage2Go

Introducing Mileage2Go.Com – Get your Mileage Deduction using your Google Calendar!

Mileage2Go is a great tool to calculate mileage for tax deductions and for expense reports.

Mileage2Go uses your Google Calendar entries and calculates the mileage to and from a starting point you select. You don’t have to remember to turn anything on or off when you are traveling. You don’t have to look up every distance between two appointments. Simply log the event on your Google Calendar. When you are ready to figure out your mileage, simply sign into your Mileage2Go account, select your starting point and the timeframe you want to use and Mileage2Go will create a report of the trips you’ve taken directly from your Google Calendar and provide you the mileage.

If you are old school and log everything on a spreadsheet, Mileage2Go allows you to upload spreadsheets to get your mileage. There is a particular format that will be needed, but it is possible to get your mileage using Mileage2Go.

Give it a try! Mileage2Go allows you to process 30 days free.