The Notary Needs a Witness | Noma Square® Starbucks

“A private signing situation ran into the dilemma of finding a witness.”

The paperwork set forth was sensitive in nature for two South Carolina residents. Paperwork such as this is usually NOT witnessed by neighbors or family members. Why? When it concerns private matters, sometimes it is best to keep those who are in your circle out. There are some signing situations in which you may want to disclose what you’re signing (for example Power of Attorney, Last Will and Testament, medical directive documents, etc.) Even still, as I tell my signers, for most life care documents there could be a conflict of interest if relatives act as witnesses party to a transaction. I give families a hypothetical, “What if the agent (person acting on the Principal’s behalf) passes away, who will be left to handle the family business? If a family member that could act on behalf of the principal and incapacitated/deceased agent, a conflict of interest exists because they are named as a witness party to a document.

Don’t take my word for it. I am not here for legal advice and nor am I an attorney, I’ve just done this a time or two. Should you have any questions, I do ask that you seek your own legal counsel on the matter.

Oh, and I would also like to thank our local Starbucks associate for stepping in when asked to witness our signing tonight. Kudos!

Tonight’s assignment was completed by me, GreenvilleNotary.com Owner and South Carolina Notary Public Sonita M. Leak at the Starbucks in Noma Square at the Hyatt Regency Downtown Greenville, 220 N. Main Street, Greenville, SC 29601. This assignment occurred in the middle of the evening on March 14, 2016.

Again, remember, should you have any questions as to who is able to be a party to a document as witness, please consult an attorney. Thank you, and have a great rest of your evening!

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