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Verifying Signer’s Identity
- I am the Assistant Chief JPO at Randall County Juvenile Probation. One of our notary's is taking the juveniles fingerprints as an ID when verifying the names of the juveniles (who are between 10 and 17 years old). Is this legal?
- The notary notarized my power of attorney without asking me for my driver’s license or any other form of identification? Can her improper notarization invalidate my power of attorney?
- The notary at the bank required me to have three forms of identification before she would notarize my will. Is that now required by law?
- What forms of identification can I use to notarize documents?
I am the Assistant Chief JPO at Randall County Juvenile Probation. One of our notary's is taking the juveniles fingerprints as an ID when verifying the names of the juveniles (who are between 10 and 17 years old). Is this legal?
A notary is required to exercise a high degree of reasonable care and due diligence in verifying the identity of a signer whose signature will be notarized. The failure to verify the identity of a signer by satisfactory evidence may subject the notary to civil and criminal liability for official malfeasance. Therefore, a notary may not use fingerprints to establish the identity of a signer for the notarization of a document.
The notary notarized my power of attorney without asking me for my driver’s license or any other form of identification? Can her improper notarization invalidate my power of attorney?
A notary is required to exercise a high degree of reasonable care and due diligence in verifying the identity of a signer whose signature will be notarized. The failure to verify the identity of a signer by satisfactory evidence may subject the notary to civil and criminal liability for official malfeasance. Whether a notary’s improper notarization can invalidate the notarized document is up to a court of law to determine. Please consult with an attorney for legal advice.
The notary at the bank required me to have three forms of identification before she would notarize my will. Is that now required by law?
No. It is very unusual to require three forms of identification. In most states, a notary public may use any of the following methods of identification to verify the identity of the signer for notary services: 1) the signer must have a current identification card or other document issued by the federal or any state government that contains the photograph and signature of the signer; or 2) the signer must be personally known by the notary public; or 3) the signer can be identified through the oath of a credible witness personally known to both the notary public and signer.
What forms of identification can I use to notarize documents?
In most states, a notary public may use any of the following methods of identification to verify the identity of the signer for notary services: 1) the signer must have a current identification card or other document issued by the federal or any state government that contains the photograph and signature of the signer; 2) the signer must be personally known by the notary public; or 3) the signer can be identified through the oath of a credible witness who is personally known to both the notary public and the signer.
Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.