Could a nursing home patient’s nurse and social worker, who both know him, act as credible identifying witnesses to identify the patient for a notarization? — M.M., Massachusetts
The answer to your question is “maybe.” Massachusetts Notaries may rely on the oath or affirmation of one credible witness if the Notary personally knows the witness and the witness is impartial to the transaction (GL 222, Sec. 1). It appears the nursing home staff personally knows its patients. The question will be whether you can claim to personally know the staff who serve as credible witnesses.
For information on credible witness rules for other states, please see our article and video on using credible identifying witnesses during notarizations.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 6 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.