PA Notary Identifying Signers 2 — Questions and Answers
Question 1: A signer, who is physically unable to sign their name, directs another individual to sign a document on their behalf in your presence. According to the Pennsylvania Association of Notaries (PAN) recommendations, what is the proper procedure for the designated signer to follow?
- Sign the disabled individual's name and write 'signed by proxy'.
- Sign their own name and print the words 'for' followed by the disabled individual's name. (Correct answer)
- Sign their own name and have the disabled individual make a mark next to it.
- Sign their own name only, and the notary must note the situation in the journal.
Correct answer: Sign their own name and print the words 'for' followed by the disabled individual's name.
When a principal is unable to sign and directs another person to do so, the Pennsylvania Association of Notaries (PAN) suggests a specific method. The designated individual should sign their own name and then print 'for' followed by the name of the principal to clearly indicate who they are signing on behalf of.
Question 2: You are asked to notarize a signature for an elderly individual in a nursing home who does not have a current, unexpired government-issued ID. They present a credible witness who you, the notary, know personally. Which of the following is a required condition for using a credible witness in Pennsylvania?
- The credible witness must be a family member of the signer.
- The credible witness must not have a direct or pecuniary interest in the record being notarized. (Correct answer)
- The credible witness must present two forms of their own valid identification.
- The credible witness must sign the document on behalf of the principal.
Correct answer: The credible witness must not have a direct or pecuniary interest in the record being notarized.
According to Pennsylvania law and notary guidelines, a credible witness used for identification must be personally known to the notary and must not have a direct or pecuniary interest in the transaction. This ensures the witness's impartiality.
Question 3: A document is presented for notarization that is written entirely in Spanish. The signer is fluent in both Spanish and English and presents a valid, unexpired Pennsylvania driver's license. The notarial certificate is in English. What is the correct course of action for the notary?
- Refuse the notarization because the notary cannot read the document.
- Require the signer to provide a certified English translation of the entire document before proceeding.
- Proceed with the notarization, as the notary's role is to identify the signer and witness the signature, not to understand the document's content. (Correct answer)
- Proceed, but insist on using a Spanish-language notarial certificate attached to the document.
Correct answer: Proceed with the notarization, as the notary's role is to identify the signer and witness the signature, not to understand the document's content.
In Pennsylvania, a notary is not required to read or understand the content of the document being notarized. The notary's primary duties are to properly identify the signer and ensure the signature is willingly made. As long as the notary can communicate with the signer and the notarial certificate is in English, the notarization can proceed.
Question 4: A principal wishes to sign a Power of Attorney (POA) by making a mark. Under Pennsylvania law (20 Pa. C.S. 5601), what specific witness requirement must be met for this scenario?
- The mark must be witnessed by one disinterested adult.
- The notary is the only witness required.
- The mark must be witnessed by the agent named in the POA.
- The mark must be acknowledged before the notary and witnessed by two adults who are not the agent or the notary. (Correct answer)
Correct answer: The mark must be acknowledged before the notary and witnessed by two adults who are not the agent or the notary.
Pennsylvania Consolidated Statutes for Powers of Attorney have specific requirements for a signature by mark. The law states the principal's mark must be acknowledged before a notary public and also be witnessed by two adult individuals. Critically, these witnesses cannot be the agent named in the POA, a substitute signer, or the notary performing the notarization.
Question 5: A notary may refuse to perform a notarial act for several reasons. Which of the following is an impermissible reason for refusal in Pennsylvania?
- The notary is not satisfied the signer has the capacity to execute the record.
- The physical appearance of the signer does not substantially conform to the photograph on their ID.
- The notary disagrees with the political statements contained within the document. (Correct answer)
- The signature on the record does not substantially conform to the signature on the ID.
Correct answer: The notary disagrees with the political statements contained within the document.
While a Pennsylvania notary has the authority to refuse a notarization if they are not satisfied with the signer's identity, capacity, or willingness, they cannot refuse based on personal disagreement with the lawful contents of a document. A notary must remain impartial and cannot refuse service based on the document's purpose or the signer's race, religion, nationality, or other protected characteristics.
Question 6: When identifying a signer using a government-issued nondriver identification card, what are the essential requirements for the ID to be considered acceptable 'satisfactory evidence' in Pennsylvania?
- It must be issued within the last 5 years and contain a signature.
- It must be current and unexpired. (Correct answer)
- It must contain a photograph and have been issued in Pennsylvania.
- It must be a REAL ID compliant card, regardless of expiration date.
Correct answer: It must be current and unexpired.
According to the Revised Uniform Law on Notarial Acts (RULONA) as adopted in Pennsylvania, a government-issued identification card, such as a driver's license or nondriver ID, must be current and unexpired to be considered satisfactory evidence of identity.
PA Notary Identifying Signers 2
A signer, who is physically unable to sign their name, directs another individual to sign a document on their behalf in your presence.
According to the Pennsylvania Association of Notaries (PAN) recommendations, what is the proper procedure for the designated signer to follow?