Expired ID, a Helpful Friend, and a Voluntary Journal
Darnell brings a durable power of attorney to a Massachusetts notary, Simone, and asks her to notarize his signature. He presents a learner's permit that expired ten months ago and a library card; he has no current passport, no birth certificate, and no other photo ID. A friend who came with him says, 'I've known him for years-he's definitely Darnell.' Simone recognizes Darnell's face from the gym but has never spoken with him and does not know his legal name or address. Simone keeps a personal journal of notarial acts even though Massachusetts does not require one. She asks Darnell for his date of birth and the identification number on the permit; he agrees to the date of birth but refuses to let her write the permit number in the journal. He needs the power of attorney signed today because his mother is in the hospital.
1. Does Simone have satisfactory evidence of Darnell's identity? Explain.
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No. An expired learner's permit is not reliable current identification, and a library card is not photo ID. Simone's gym recognition is not personal knowledge in the sense the law contemplates; she does not know Darnell's legal name, address, or history. The friend's statement is not a substitute for the notary's own satisfactory evidence, especially where the notary does not personally know the friend or have a long-standing relationship with the signer. Simone should ask for a current government-issued photo ID, such as a driver's license, state ID, passport, or military ID. If Darnell cannot produce one, she should decline and explain that another notary may be able to help if he can establish identity. The hospital deadline does not lower the standard.
2. What is Simone's journal obligation in Massachusetts, and how should she handle Darnell's refusal to record the permit number?
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Massachusetts does not require a notary journal, so Simone has no statutory duty to record the permit number or anything else. If she keeps a voluntary journal, she should record the date, type of act, document type, signer name, and the identification type and number or last four digits in a consistent way. She may record the date of birth and the permit number if she wishes, but she should not record a Social Security number or other unnecessary sensitive data. Darnell's refusal to have the permit number written down is not itself a legal bar to notarization, but Simone can decline if she is not comfortable. She should not make up a journal entry or record an ID she did not actually rely on.
3. If Simone declines to notarize, what should she tell Darnell, and what should she record?
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She should tell Darnell plainly that she cannot notarize on the identification presented, and that using an expired permit would create a defective certificate. She can suggest that he bring a current photo ID or return when he has one. She should not sign the power of attorney and leave the identification blank. If she keeps a voluntary journal, she should note only what actually occurred-for example, that the act was declined for insufficient identification-without unnecessary personal details. She should treat the conversation as confidential and not discuss it with the friend. She may also suggest that Darnell contact another notary or an attorney if he needs the document urgently, but she should not recommend a particular person as a way of avoiding her own identification standard.