The Expired License at the Senior Center
Angela is a Delaware notary who volunteers at a senior center in Milford. An 82-year-old resident, Mrs. Whitaker, asks Angela to notarize a durable power of attorney naming Whitaker's daughter as agent. Whitaker has no current government-issued photo ID; her driver's license expired in 2019, and her birth certificate is in a safe deposit box at a bank that is closed for the weekend. Angela has known Whitaker for 12 years as a neighbor and sees her weekly at the center. Whitaker's daughter is present and says, "Mom is who she says she is; I can vouch for her." Angela believes Whitaker is competent and understands the document. The power of attorney contains a jurat requiring an oath. Angela has her journal and seal. She is unsure whether she can rely on personal knowledge or the daughter's statement.
1. Can Angela rely on personal knowledge to identify Whitaker? What limits apply?
Read the worked answer
Angela may rely on personal knowledge only if it is reliable and sufficient, not merely casual acquaintance. Twelve years of weekly contact as a neighbor can support personal knowledge, but Angela should be able to state how she knows Whitaker, for how long, and why she is confident of Whitaker's identity. She should consider whether Whitaker's appearance or circumstances have changed and whether anyone could easily impersonate her. An expired 2019 license is not current satisfactory identification, and the daughter's statement alone is weak because the daughter is an interested relative. If Angela is not comfortable, she should decline and explain that Whitaker can obtain a current ID or another acceptable form of identification. Angela must not sign a certificate stating that she examined a current ID when she did not.
2. What does the jurat require, and how should Angela proceed if she accepts personal knowledge?
Read the worked answer
A jurat requires the signer to appear before the notary and take an oath or affirmation that the contents of the document are true and that the signature is voluntary. Angela must administer the oath or affirmation verbally, not merely watch Whitaker sign. If Angela accepts personal knowledge as satisfactory evidence, she should confirm Whitaker's identity, administer the oath, complete the jurat with the true date, sign and stamp it, and record the act in her journal. The journal entry should include the date, time, type of act, signer's name and address, the basis for identification (personal knowledge), and the fee if any. If Angela cannot establish satisfactory evidence or is unsure about Whitaker's understanding, she should not notarize and should refer Whitaker to another notary or suggest obtaining current identification.
3. What are the risks of relying only on the daughter's assurance?
Read the worked answer
The daughter's assurance is not satisfactory evidence of identity. She is an interested party who benefits from the power of attorney, and she has a motive to see the document executed. Relying on her statement alone could allow an impostor or an unwilling signer to be notarized, and it would undermine the certificate's reliability. If Angela notarizes based only on the daughter's word and the signer later claims she did not appear or did not understand, Angela may face discipline and the power of attorney may be challenged. Angela should independently establish identity through personal knowledge or acceptable ID. She can let the daughter provide information, but the decision and the certificate must be Angela's own.