I’ve touched on this issue a time or two before, there are situations where people signing documents do not have valid form of identification for the purpose of appearing before a Notary Public. There are signers who have either forgotten to renew their form of identification or don’t have the ability to get to their local Department of Motor Vehicles, therefore, their photo identification expires. There are some that have lost their identification. Most may see this as a major problem for getting a notary to validate their signature on a document.
If you are in South Carolina, it can still be done. If you are in another state, you will have to reference your state’s laws regarding identifying signers.
If you reference the State of South Carolina Notary Public Manual online, (it can be found by CLICKING HERE), specifically on page 7 and referenced as page 10 in the PDF version online in Rule Stipulation 3D it states that you can notarize the signature of an individual based on [the oaths or affirmations of two witnesses who present a current identification document].
On the most part, situations that involve signers in assisted-living facilities whose identification documents have expired are the ones who could truly benefit from this rule. Signers will need assistance from two individuals who know them personally, ensuring that if the document also needs witnesses, that the two individuals who identify them are NOT the ones acting in that regard.
For isolation purposes and to avoid potential and actual conflicts of interest, I find it best to have two identifying parties and two witnesses, so at the least, four (4) additional people on hand to assist.
Keep in mind that if your loved one is currently in medical care at a facility, the staff and administrators may or may not be able to notarize on their behalf. They may not be able to based on their company’s conflict of interest rules.
Should you have any questions, if you are in South Carolina you can reference the State of South Carolina Notary Public Manual.
If you are in another state, reference your coordinating Secretary of State website. The information presented above is for INFORMATIONAL PURPOSES ONLY and is not to be taken as legal advice or advisement.
Have an Excellent, Prosperous and Beautiful Day,
The Marriage Notary,
Sonita M. Leak