The Journal Entry the Signer Won't Complete
Elena is a Maine notary public who also prepares tax returns. A longtime client brings a power of attorney and asks her to notarize his signature. Elena has known him for ten years and is confident of his identity. He refuses to show identification and refuses to give a street address, saying 'just use my PO box' and 'you know me.' Elena's journal requires the signer's name, address, identification method, date, type of act, and fee. The client becomes annoyed and says other notaries never ask for that. Elena wants to complete the notarization without creating a false or incomplete record.
1. Does Elena's personal knowledge of the client eliminate the need to record identification and address information in her journal?
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No. Personal knowledge may satisfy the identity-verification requirement for the notarial act, but it does not eliminate the journal requirements. Elena still must make a complete and accurate journal entry. If Maine's journal rule permits recording 'personal knowledge' in place of an identification credential, she may do that, but she cannot omit required fields or invent information. The journal is a record of the act, not a favor to the signer.
2. May Elena record the client's post office box as his address if he refuses a street address?
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She should not simply substitute a post office box if the journal requires the signer's address or residence address. A post office box may not satisfy that requirement, and Elena should not guess or use her own address. She should explain that the journal entry must be accurate and complete. If the client refuses to provide the required address information, Elena should decline to perform the notarization rather than create a false or misleading record.
3. What should Elena do if the client continues to refuse?
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Elena should calmly explain the journal requirement, give the client a chance to provide the missing information, and decline if he will not. She should not complete the notarization with a PO box used as a substitute for a required street address, and she should not record 'refused' unless the journal rule specifically allows that notation for the field. She should not perform the act and then leave the journal incomplete. Declining is safer than creating a record that could be challenged and could expose her to discipline.