Notaries

[Suz]

I didn't know which area to put this. Hope this is right but it may not even matter......

Question: Does a notary have specific guidlines or oath that they should follow?

In theory I thought if they were notarizing someone's signature on a document that specified the person was 'signing of their own free will' and not being forced to--that they should ask the question- not make an assumption. To protect themselves if nothing else. And if they were informed prior to the signing that the person wasn't signing freely, shouldn't that throw up a red flag???

synopsis of what happened:
Parents had papers drawn up to take physical custody of minor child (birth mother is a minor also) from their daughter SUPPOSEDLY for medical purposes.
Daughter did not want to sign, father said you will sign or "else." Father is a SOB and the daughter is scared to death of him.
Lawyers office was called (by me) informing secretary (notary) that she (babies mother) was being forced to sign the papers against her will. Didn't hold nothing back-told her who I was and why I was involved (my grand daughter). I thought that would end it there. (course I was using the logic from my banking days-if we had any clue someone was being forced to make withdrawals we were obligated to have all the accounts locked to protect the account holder).

Tuesday the Father drove daughter to lawyers office and everything was completed/signed.

Is not the notary under any kind of obligation to protect the individuals involved? I am really pissed here. Mainly because as I told the girls mother-there is no reason for them to have custody as the baby is covered through Maryland's medicare system. But I am mainly pissed that the notary allowed her to sign the papers!!! What good it will do them I don't know. The papers also require my son's signature and he is not going to sign it. (I'm hoping that fact alone makes it a dead issue, but if needed I will get a lawyer myself). The lawyer sent a 2nd copy to us yesterday-this time with original signatures, notary seals, and the babies name filled in. Course they used the mothers last name and the baby has ours...... (they are STUPID people).

So what say you legal eyed people. Did the notary f up or was she legally within her rights/boundries to notarize the signature???

 

[mAlice]

http://www.sos.state.md.us/Notary/Duties.htm

 

[Tigerlily]

I'm a notary and I have never had this situation. If she signs the document I notarize it. I am not legaaly bound to inform her what she does or does not have to sign as I am not an attorney. However if I felt that someone was pressuring someone in front of me I would most likely decline as I personally would chose not to be involved.

 

[Nickel]

I'm not legal eyed, but I have common sense. It's your word against the girl's. If she walked into that office with her parents, and signed the papers, who are they to say she's being forced? You heard through the grapevine that daughter didn't want to sign, however daughter went in and signed. If I were in the notary's shoes, I would go by action rather than some person on the phone's opinion.

 

[Tigerlily]

See this
Acknowledgments: If asked to take an acknowledgement, you must ask: "Does this document constitute your own act and deed?" or "Are you signing this document of your own free will?" (Additional information about acknowledgments is available on pages 13-16 of the Notary Public Handbook.)

 

[BOHDEN]

Im A Notary, I Ask The Person Do They Understand What They Are Signing.
The Only Thing You Cant Notarize Anything For Family Or Anything That Will Be In My Benefit

 

[vraiblonde]

I thought all a notary did was verify that the person signing the document is legitimate, i.e. not signing someone else's name.

But this should be a moot point because I don't believe the girl's parents can take custody of the baby without your son's permission. It's his kid, too. I'm surprised their lawyer didn't tell them that.

 

[vraiblonde]

Im A Notary, I Ask The Person Do They Understand What They Are Signing.
The Only Thing You Cant Notarize Anything For Family Or Anything That Will Be In My Benefit

...

Thank god you have a stamp.

 

[Nickel]

But this should be a moot point because I don't believe the girl's parents can take custody of the baby without your son's permission. It's his kid, too. I'm surprised their lawyer didn't tell them that.

They probably assume that he doesn't care.

 

[citysherry]

I can tell you from first hand experience that Maryland’s medicare system sucks - especially for children! So much so that my husband and I paid $800 a month for private health insurance for our girls for one full year. After the initial year we were able to add them to my husband’s health insurance plan through work - as long as we provide the health insurance company, every six months, with a certified copy of our physical custody order. So, in my opinion, and for the babies medical necessities, it’s a good thing that the baby is off medicare because it truly is substandard care.

It does sound like a custody battle is brewing and you should definitely hire lawyer to protect your son's rights.

 

[alex]

I'm a notary and the main part of my job is to officially witness someone's signature and verify that they are who they say they are.

However, I agree with Tigerlilly. If I felt that the person was being forced to sign something I would personnelly decline to notarize the document. That said, in some states Notaries have much more authority and in others they have a lot less. Some states even allow Notaries to perform marriages (not in MD).

 

[Suz]

http://www.sos.state.md.us/Notary/Duties.htm

Thank you Elaine!

TigerlilyI'm a notary and I have never had this situation. If she signs the document I notarize it. I am not legaaly bound to inform her what she does or does not have to sign as I am not an attorney. However if I felt that someone was pressuring someone in front of me I would most likely decline as I personally would chose not to be involved.


I would expect no less from you!!

NickelI'm not legal eyed, but I have common sense. It's your word against the girl's. If she walked into that office with her parents, and signed the papers, who are they to say she's being forced? You heard through the grapevine that daughter didn't want to sign, however daughter went in and signed. If I were in the notary's shoes, I would go by action rather than some person on the phone's opinion.



Guess I should have been more detailed--The babies mother told me she didn't want to sign it everytime she came over with Sunny. Grapes had nothing to do with.

 

[Suz]

I thought all a notary did was verify that the person signing the document is legitimate, i.e. not signing someone else's name.

But this should be a moot point because I don't believe the girl's parents can take custody of the baby without your son's permission. It's his kid, too. I'm surprised their lawyer didn't tell them that.

That's exactly what we are hoping. I have no issue with hiring a lawyer, but why spend money if you don't have to. And that's what I told the mother when she told me they were going to do it and did I think my son would be willing to sign it. I asked him and his answer was no then too. I think this lawyer is just reaping the $$ from them. Having asked me and my son 3 months ago and being told no, why would you even waste the $$? A very precious commodity in their home I might add if you get my drift.

 

[Scaratica]

In Maryland on any place else for that matter,all a notary is required to do is validate that positive identification has been established for the signatory party to the document.

 

[Suz]

They probably assume that he doesn't care.

Why would you say that?

 

[Scaratica]

Notary

Coercion is a matter of fact that needs to be established in a court of law or through other means. Notaries have no legal authority to establish coercion has in fact occurred as a matter of factual occurence.

 

[Nickel]

Why would you say that?

Why else would they go forward? It would be foolish of them to spend money, knowing for a fact that he wouldn't sign. Note that the response you quoted was made before you revealed that they did in fact know in advance that he wouldn't sign. If I were you, I'd sit tight. Without his signature, hopefully nothing can go forward.

 

[citysherry]

If I were you, I'd sit tight. Without his signature, hopefully nothing can go forward.

That's absolutely not true in Maryland. In our case, only the bio-mother signed, bio-father signed nothing. All we had to do was show evidence that we had attempted to have him served.

Edited to add: In our initial court hearing, all we had to do was show evidence that we had attempted to have bio-father served by merely hiring a process-server. We were granted temporary emergency custody of the minor children immediately - of course, we had followup court hearings but bio-father never showed up for any of them.

 

[Tigerlily]

An important ? here. Is your son over 18? That might add some weight one way or the other. If he is a minor himself you might need to get an attorney to help him protect his rights.

 

[Nickel]

That's absolutely not true in Maryland. In our case, only the bio-mother signed, bio-father signed nothing. All we had to do was show evidence that we had attempted to have him served.

Edited to add: In our initial court hearing, all we had to do was show evidence that we had attempted to have bio-father served by merely hiring a process-server. We were granted temporary emergency custody of the minor children immediately - of course, we had followup court hearings but bio-father never showed up for any of them.

Right, but the way Suz paints this picture, her son would contest an adoption. In your case, the father couldn't be served, and therefore forfeited his rights. I am very aware of Maryland's adoption laws.