Tuesday, October 16, 2007

Notary Law Changes for 2008


Starting January 1, 2008, notaries will no longer be able to use "personal knowledge" as means of identifying an individual that is requesting a notarization. This means that all signers must be able to present a valid identification to obtain a notarization on their document.

Acceptable identification includes:

  • Driver's License of nondriver's ID card issued by a U.S. state.
  • U.S. passport (physical description not required).
  • U.S. Military Identification Card that contains all required elements stated above, (TheCommon Access Card, CAC, is not acceptable).
  • Driver's License issued in Mexico or Canada.
  • Foreign passport that has been stamped by the U.S. Citizenship and Immigration Services (USCIS).
  • Inmate ID Issued by the California Department of Corrections.

Seniors that do not have current driver's licenses, need to obtain the California Identification (ID) Card. This can be accomplished through your local DMV office. An appointment can be made on line for this DMV service. You will need to provide proof of your birthdate and legal presence in the United States. This can be accomplished by demonstrating one of the following methods:

  • US Birth Certificate
  • US Certificate or Report of Birth Abroad
  • Federal Proof of Indian Blood Degree
  • INS American Indian Card
  • Birth Certificate or passport issued from a US Territory
  • US Passport
  • US Military Identification Cards (Active or reserve duty, dependent, retired member, discharged from service, medical/religious personnel)
    Common Access Card (only if designated as Active military or Active Reserve or Active Selected Reserve)
  • Certificate of Naturalization or Citizenship
  • Northern Mariana Card
  • INS US Citizen ID Card
  • Permanent Resident Card
  • Temporary Resident Identification Card
  • Canadian Passport/Birth Certificate
  • Non-resident Alien Canadian Border Crossing Card
  • Valid foreign passport with a valid Record of Arrival/Departure (form I-94)
  • Certification from California Department of Corrections or California Youth Authority
  • Employment Authorization Card
  • Permanent Resident Re-entry Permit
  • Refugee travel document "Processed for I-551" stamped in a valid foreign passport
    Valid I-94 stamped "Refugee," "Parole or Parolee," "Asylee," or Section 207, Section 208, Section 209, Section 212d(2), HP or PIP
  • Immigration judge's order granting asylum
  • Certified court order or judgment issued from a court of competent jurisdiction.
  • Valid I-94 with attached photo stamped "Processed for I-551 temporary evidence of lawful admission for permanent residence" Notice of Action (I-797 Approved Petition)
  • Mexican Border Crossing Card with valid I-94

Individuals aged 62 and older can obtain the ID Card for free. Individuals younger than 62 years of age will pay a fee for this card.

In place of presenting current ID for notarization, an individual can use two witnesses that can swear to the signer's identity. The witnesses will have to swear under oath, be able to produce current identification, and sign the notary journal.

For individuals in retirement homes or extended care facilities, note that employees of these types of facilities frequently will not cooperate in acting as credible witnesses for identifying signers. We have found that they frequently are under the assumption that they will be financially responsible for identifying a signer in the course of obtaining a notarization. Additionally, if family members are somehow involved in the document needing notarization, they can not be used as credible witnesses. For the reason, it is extremely important that seniors be able to provide their own identification. If you have a senior in the family, it would be good to assist them in obtaining this important document before an emergency arises.

Further information about California ID Cards, how to obtain them, and making an appointment with the DMV can be found here.

Devon

Notary Public

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