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List:       publib
Subject:    Re: [PubLib] Notary public service
From:       "Ney, Mary-Margaret" <Mary-Margaret.Ney () MAINE ! GOV>
Date:       2012-08-31 18:53:16
Message-ID: 47187597C5DD774F96805C796C9BBAFB01CC0D () OIT-TEAQEXMBX03 ! som ! w2k ! state ! me ! us
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Here is what Maine notary guidelines say:

"Make certain the signers of the document have an understanding of what they are \
signing. While competency is both a complex medical and legal issue, it is incumbent \
upon a Notary Public to have a strong belief that the person understands the \
consequences of signing the document. Before the document is signed, the Notary \
Public should spend an appropriate amount of time to ascertain whether the person \
understands what they are signing. If the signer is unsure, confused or is possibly \
being unduly influenced to sign, the Notary Public should not act; instead referring \
the signer to an attorney or other professional to assist them would be appropriate \
and in the best interest of the signer."

It may be that they banks are not doing this or don't have time to do this.  Check \
with your insurance companies to make sure that you are covered for this service in \
your general liability policy.

Mamie

Mamie Anthoine Ney
Consultant
Southern Maine Library District 
Portland Public Library, 3rd Flr.
5 Monument Square
Portland, ME 04101
207-871-1765/800-649-7696 
Mamie.Ney@maine.gov

-----Original Message-----
From: publib [mailto:publib@LISTSERV.OCLC.ORG] On Behalf Of John Richmond
Sent: Friday, August 31, 2012 2:27 PM
To: publib@LISTSERV.OCLC.ORG
Subject: [PubLib] Notary public service

We have offered notary service for as long as I've been here (11+ years), and before \
I arrived.  Since I've been at APL, a second staff member has become a notary so we \
weren't dependent on just one person.

Our bank recently informed us that they are dropping all public notary services \
because of liability.  They--don't know how many bank staffers constitute "they," or \
who represented the bank--were called into court to testify that a woman who had had \
some changes made in her will, and who had had documents notarized at the bank, was \
of sound mind, body, etc.  The woman was at the bank all of five minutes--pick a \
number, any low number--and how would *they* know if she was of sound mind?

Our business manager (who is one of the notaries) has questioned whether or not we \
should continue notarizing documents.  She said that she was told at the bank that \
banks, plural, were starting to abandon notarizing documents for the public, but that \
could be our bank and one other...or it could be lots of banks everywhere, although \
my somewhat cursory research hasn't turned up any evidence of that.

Has anyone heard of banks refusing to notarize?  Is there anyone in publib-land who \
has offered notary services in the past, but has dropped them for reasons of \
potential liability?

Thanks.

John Richmond, Director
Alpha Park Public Library District
3527 S. Airport Road
Bartonville, IL 61607

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