Does anyone know the legalities of notarizing documents?

If your mother is not of sound mind--that is, cannot understand what she is signing and the significance of the document--then only her agent under a durable power of attorney (or court-appointed guardian) can sign on her behalf. However, if she is competent to understand it all, then the fact that she cannot physically sign is not an impediment. The form that the notary signs can indicate that your mother directed someone to sign on her behalf, in the presence of the notary, etc. After all, remember that some people are paralyzed with no use of their arms; as such, the law permits them to direct someone to sign on their behalf and it is fully legal.

Does she have a POA? That person can sign for her. Show the POA document to the notary.

Does the nursing home have anyone on staff who can notarize documents?

Is it a conflict of interest if a nursing home employee is a notary for a resident in the facility

I wouldn’t think a notary has background or training to certify competency.

As far as notaries in a nursing home validating identity for a resident, I don’t think that would be conflict of interest. But I could be wrong. Many nursing homes have employees that act as a Notary who is bound to a standard listed in their certification and position requirements. A poster above listed conditions directly from her rule book.

What you describe sounds a lot like when mthr forgot to turn over a little stock account for me that was held in "my name, her name, unified gift to minors act." We were not talking at the time, and I only needed a birth certificate and my signature notarized for the state to turn over the dividend they held. You might want to call the state office for alternatives.

If the money is legally yours you just have to have your signature notarized, I don't know why your mother would be involved. If it is her money and yours, you both need to be in front of the notary. I believe she can do the same thing that Social Security requires yearly from elderly, put an X and on signature line and witness her signature. If this is property, you need an attorney or an accountant, but it sounds like it is money only. It is also helpful to have witnesses in addition to the notary signatures.

Notary people often travel. Check around town and see if anyone is a notarized. Often real estate, bank and even auto club have people. Some caregiving agencies have a notary. Look on the bulletin boards at church and market if in a small town. Google your town and notary.

A notary will testify that the person signing the document is of sound mind and body and in fact the person (with identification needed). You do not need to both be present at signing. However, if your mother is deemed incompetent by a doctor or court, then no signature is required. Just present those documents along with your notarized signature to the State of IL. Hope this helps.

I am a notary and I would require both to be present. I am only affirming the identity not that the person is of sound mind and body.

I was a notary too, and had the FBI calling on me because of a shady deal with a car dealer I notarized. That was scary! So I always make sure people are who they say they are and are competent. Social Security DOES NOT make us sign a yearly document. And yes, an X can be placed on a signature with two witnesses if the person cannot sign their name (this was originally intended for people who could not spell their name)..