Establishing Identity with Credible Witnesses

My pet peeve as a notary is dealing with signers who don't have proper identification. Not that it inconveniences me—it merely creates undue stress for my clients. Typically these are seniors who no longer drive or travel. I've encountered a few signers who haven't had a valid form of identification for more than 10 years, yet somehow they're able to write checks and function quite well in their day-to-day lives. However, it becomes a problem when someone without proper identification needs to have a document notarized.

Suppose you have a relative who needs to have a power of attorney document notarized and you're the person who will be assuming that responsibility. If this relative doesn't have a valid form of identification, it will be necessary for that person's identity to be established by the oaths of two credible witnesses. Before the oaths are administered, credible witnesses must present valid forms of identification as required by law, such as a driver's license issued by the California Department of Motor Vehicles or a U.S. passport.

Under oath, the credible witness must swear or affirm that each of the following statements is true:

1. The individual appearing before the notary public as the signer of the document is the person named in the document.

2. The credible witness personally knows the signer.

3. The credible witness reasonably believes the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification.

4. The signer does not possess any of the identification documents authorized by law to establish the signer's identity.

5. The credible witness does not have a financial interest and is not named in the document signed.

The credible witnesses then sign the notary public's journal, using the aforementioned documents to establish their identities.

I've done many signings this way and everything goes smoothly if the credible witnesses are in place with proper identification at the appointed time. I always ask ahead of time if a signer has a valid form of identification, and have been surprised a few times when it turned out not to be the case. Then it becomes a mad scramble assembling friends to vouch for the signer. These situations are always stressful for elderly and housebound signers who feel punished by the rules.

Of course, you're the one in control if you have a valid form of identification at all times. I always praise my non-driving clients who possess an up-to-date Senior Citizen identification card or other acceptable form of identification.

There is an exception to the scenario outlined above. If a signer's identity can be established by a credible witness whom a notary knows personally, the law only requires one credible witness. So it definitely pays to count a notary among your friends!