I recently had a notarization at a senior living community where a witness was essential because my client didn’t have a valid form of ID. For some, especially seniors, ID verification can be challenging, and in these cases, witnesses can help meet legal requirements to ensure the document’s validity.
While not every notary signing requires a witness, about 20% of legal documents notarized in the U.S. do, particularly for those without IDs. Witnesses play a key role in verifying the signer’s identity and adding an extra layer of protection against fraud.
Common documents that may require witnesses include wills, deeds, and health care directives. For instance, more than 30 states mandate at least one witness for real estate transfers, while many states also require two for wills.
For a smooth signing, it’s important to know who qualifies as a witness. Typically, witnesses must be 18 or older, unrelated to the signer, and without any financial interest in the document to avoid conflicts of interest.
If you’re preparing for a signing, make sure to confirm if witnesses are necessary and bring eligible people with you. Since only about 35% of notaries offer witnesses, planning ahead can save you time and ensure the signing goes smoothly.
So, whether for seniors or anyone needing additional verification, having the right witness can uphold the document’s integrity.
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