Last week’s “The Case of the Prisoner’s Signature” scenario posed questions about what Notaries need to consider when notarizing for incarcerated signers. The NNA Facebook community shared their experiences, and agreed that with proper planning and preparation, the actual process is no different than any other type of notarization.
“You can't just show up to prison to do a notarization,” advised North Carolina Notary Rhumel Anderson, who has performed prison-based refinance notarizations. “There are established rules that have to be followed before you get to meet with someone who is incarcerated.”
The case we posed involved a custody transfer situation, which generally requires a power of attorney to be drawn up and signed by the custodial parent releasing custody of the children to another competent adult; in this case, the ex-spouse. In many states and jurisdictions, this power of attorney document would then have to be notarized.
The two major issues with regards to prison notarizations are (a) properly identifying the signer and (b) obtaining the signer’s signature and possibly a thumbprint for your Notary journal.
Properly identifying a prisoner signer
In most cases, individuals must surrender their IDs when they are incarcerated. They may be issued an alternative form of identification, such as an ID bracelet. In California, for example, inmates of state prisons may use their inmate IDs issued by the California Department of Corrections as identification for a notarization. Because inmates of prisons and penitentiaries often do not possess identification that meets the California requirements for a notarization, there is also pending California legislation to allow Notaries to accept inmate IDs issued by sheriff departments for inmates incarcerated in county jails. However, these legislative reforms will not apply to prisoners in federal or city prisons, and Notaries must find another way to identify the signer.
It is possible to use credible witnesses in states where they are allowed by law, in which case you would simply follow your state’s Notary guidelines for using witnesses. However, many prisons will not allow prison staff to serve as credible witnesses on the behalf of a prisoner, even if they are personally known to one another. In some situations, the inmate’s attorney may be allowed to obtain the prisoner’s driver’s license or passport from a signer’s family member so the notarization may proceed.
“I would ask the [ex-]husband if he had a current form of identification for his [ex-]wife,” said Virginia Notary Georgia Banks. “Then I would research the rules and regulations of the jail before I proceed.”
Tennessee Notary Rebecca Gregg would also involve the ex-husband in setting up the appointment: “I would have the [ex-]husband contact the prison to set up visitation with him, an attorney, and myself,” said Gregg. “Once I have a confirmed appointment, I would meet them at the prison and notarize her signature.”
The best rule of thumb when asked to notarize for a signer in prison, is to determine if the signer will be able to be properly identified before heading out to the appointment.
Obtaining the signer’s signature and thumbprint
It is not unusual for the Notary to be completely separated from the prisoner/signer by a sheet of plexiglass. In such a case, you will likely need to hand the document and your Notary journal over to a guard, who would then take these items to the prisoner for his or her signature.
Since this scenario involves a power of attorney, if you are a California Notary, you may also need to hand your thumbprint inkpad over to the guard so the prisoner can affix his or her thumbprint in the journal. You will need to provide clear instructions to the prisoner for affixing the thumbprint.
Handing your journal to the guard and prisoner raises the issue of how to protect the privacy of journal information of other signers when the journal is out of your control. Your best practice would be to use a privacy guard to cover previous entries on the page, or to turn the page over so the journal entry the signer is signing is at the very top of a new page. If this requires skipping entries on the previous page, be sure to cross through those entries, so that your journal remains in sequential order.
Tips to Consider When Performing Jail or Prison Notarizations
- Keep It Professional: When identifying yourself to your signer, offer a card or ID that has your name and Notary commission. You do not need to include personal information, such as your address or home phone, if you are not comfortable doing so.
- Leave It At Home: Bags and other belongings may not be allowed in the prison, so you’re best leaving those items behind. The prison may also have a policy requiring approval of your stamp and journal upon entry.
- Dress Appropriately: Keep your attire professional and conservative.