No Photo ID at the Assisted Living Facility
Roland is a Georgia notary commissioned in Fulton County. A paralegal asks him to notarize a durable power of attorney and a statutory gift rider for 88-year-old Mrs. Jenkins at an assisted living facility in DeKalb County. Mrs. Jenkins has no current driver's license or passport; her only photo ID is a license that expired in 2019. She speaks clearly and knows what she is signing. Her granddaughter, Elena, is present. Elena has a valid Georgia ID and has known Roland for 12 years through church. The power of attorney names Elena as successor agent. The facility's social worker also knows Mrs. Jenkins well but is not personally known to Roland. Roland has never met Mrs. Jenkins before. The documents will be used to sell Mrs. Jenkins's house. The paralegal says "just use Elena as a witness; that's enough."
1. What forms of satisfactory evidence of identity may Roland consider, and can Elena serve as the credible witness?
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Roland must identify Mrs. Jenkins by satisfactory evidence before notarizing. Acceptable evidence generally includes a current government-issued photo ID, personal knowledge of the signer, or the oath of a credible witness who is personally known to the notary and is impartial. Mrs. Jenkins's 2019 license is expired, so it is not a current ID. Roland has never met Mrs. Jenkins, so he has no personal knowledge of her. Elena has a valid ID and Roland knows her well, but she is named successor agent under the power of attorney. That gives her a direct interest in the transaction, so she is not an impartial credible witness. The social worker is not personally known to Roland, so the social worker cannot serve as his credible witness either. Roland should not proceed on Elena's vouching alone. He needs a current ID for Mrs. Jenkins, or a disinterested credible witness whom Roland personally knows, or he must become personally acquainted with the signer through a reliable process.
2. Does the fact that the signing occurs in DeKalb County rather than Fulton County prevent Roland from acting?
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No. A Georgia notary is commissioned through a county, and the notary's seal identifies the county of commission, but the commission is not a county-only license. A Georgia notary may perform notarial acts in any Georgia county. Roland may therefore notarize in DeKalb County even though he is commissioned in Fulton County. The notarial certificate should accurately state the venue where the act occurs; the seal should show his commission county and other required seal information. Roland should not describe himself as a DeKalb County notary if that is not his commission county. The location issue is not the obstacle here; the identity and impartial-witness problems are.
3. What are the consequences if Roland notarizes the power of attorney using Elena as the credible witness and the sale is later challenged?
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The notarization would be vulnerable because the only person vouching for Mrs. Jenkins's identity has a direct interest in the power of attorney. A title company, lender, or court reviewing the sale could reject the document as improperly acknowledged. The power of attorney might be treated as defective, which could delay or unwind the sale and create liability for Roland. Roland could also face a commission complaint for failing to obtain satisfactory evidence of identity. The fact that Elena has a valid ID does not cure the conflict. The safe course is to document a proper identity check, use a disinterested credible witness if one is available, or ask Mrs. Jenkins to obtain a current ID before the documents are signed.