California Notary Law Change January 1, 2008

Beginning January 1, 2008, notaries will no longer be able to use "personal knowledge" of an individual's identification as sufficient to perform notarizations. What this means is that friends, neighbors, repeat business clients, family, will have to provide current acceptable identification to obtain a notarization. This must occur even when the notary is familiar with the signers identity.

As an alternative, the use of two credible witnesses that can swear to the individuals identity will still be a possibility. However, the two credible witnesses will have to provide their current identification, take an oath, and sign the notary journal. Both witnesses wil be acting as the signer's human identification cards.

To avoid difficultues in obtaining notarizations when identifiying witnesses may not be available, this would be a good time to apply for a California Identification Card. This can be obtained through the local DMV office.

It is good for seniors that are no longer driving to obtain a California ID Card, and the ID Card if available for all individuals at any age. I have noticed, extended care facilities are frequently reluctant to act as witnesses for their clients due to the mistaken belief that if they are involved in the notarization, they could be financially responsible. In fact, most employees in extended care facilities and nursing homes refuse to state the identity of the individual that is requesting a notarization. And if families members are somehow named in the document, or stand to benefit by the document, they can not be used as identifying witnesses.

For these reasons, if you have a senior in your family that no longer has a current driver's license, I strongly recommended that you assist them in obtaining the California ID Card at this time. The card is good for ten years and will be helpful anytime the individual must sign legal, financial, or insurance documents. Here is a link to the Department of Motor Vehicles which will answer questions about obtaining the ID Card. Making an appointment at the local DMV, producing a acceptable identification such as a birth certificate, providing a social security number appears all that is necessary. For further information on this process, check with the DMV link above. The card is free for seniors 62 and older. There is a fee for all other individuals.

Karen
Notary Public