2.1 Credible Identifying Witness Protocols
Apply statutory rules for establishing signer identity using a single credible witness vs two credible identifying witnesses under oath.
Key Blueprint Takeaways
- A single credible witness must be personally known to BOTH the signer and the notary public.
- Two credible witnesses with valid photo IDs are required if the notary does not personally know the witnesses.
- Credible witnesses take an oath swearing to the signer's true identity, physical incapacity, and lack of photo ID.
When a signer lacks government photo identification (e.g. an elderly person in assisted living or a victim of theft), state law provides an alternative: Credible Identifying Witnesses.
A credible witness acts as a human ID card. The witness must be competent, impartial, and take an oral oath swearing under penalty of perjury that the signer is indeed the person named in the document.
An elderly nursing home resident needs a power of attorney notarized but has lost all photo identification cards due to a recent relocation. The resident's long-time family attorney is present and offers to act as a single credible identifying witness. When is a SINGLE credible identifying witness legally sufficient to establish satisfactory evidence under state notary statutes?