FAQ – Frequently Asked Questions about Notarization and Notarized Documents
1. What do I need to have a document notarized?
You will need the completed document and a current government issued photo ID, such as a driver’s license, passport or military ID. The ID has to be from a USA federal or state government. A foreign passport or driver’s license can’t be used. If the document requires a witness you will need to have a witness present who is over age 18 and who has a valid government issued photo ID. A document may not be valid if a witness is a relative or benefiting from the document. A friend or neighbor makes a good witness.
2. Can you provide witnesses? I can bring one or two witnesses but they charge their own fees.
3. What if I don’t have a current government issued ID? A credible person can be used. This is a person who knows you personally very well and has current government issued ID and will swear to your identity.
4. Will you tell me which documents I need?
Since I am not an attorney I can’t give legal advice but I can provide you with information. In general, for estate planning purposes, people usually have a Last Will, a Heath Care Power of Attorney, a Durable Power of Attorney (for financial matters) and a Living Will (what treatment you want or don’t want during your final illness assuming you are unable to give instructions). Call if you have questions. I’m always glad to talk to you. 520-373-7715
5. Who oversees Arizona notaries?
The Arizona Secretary of State. You may search for current licensed notaries at http://apps.azsos.gov/apps/notary/search/Default.aspx
Power of Attorney
6. I need power of attorneys for health care and a living will but can’t afford to pay. Is there a way to do it myself?
Go to Arizona Attorney General’s website and look for Seniors. Print out the Life Care Planning Forms Complete Package at https://www.azag.gov/seniors/life-care-planning Be sure to get the “complete” package. If you are married you will need one for each of you. Fill them out and have them notarized.
You can mail copies to Arizona Attorney General’s office. The address is on the front of the form package. That way your hospital or doctor can always get a copy. People usually keep the originals at home in a binder with the will and any insurance documents. The Attorney General’s Office doesn’t handle financial power of attorneys.
You can also download all types of legal forms from the Arizona State Library website. Go to https://azlibrary.gov/dazl/online-reference-resources then scroll down to the section title Legal and click the Gale Legal Forms icon. You may need to enter your zip code to access. You can also find one online or buy one at an office supply store. Please see my article Will Forms Online for important tips on printing your own will forms and power of attorneys.
Last Will
7. Do I need a last will?
Everyone over 18 should have a last will. A last will takes effect upon your death. You will name a personal representative to handle your estate and say how you want your assets to be distributed.
8. Why do I need a will if I have a power of attorney?
A power of attorney is only good as long as you are alive. The health care power of attorney allows someone else to make health care arrangements for you when you can’t do it yourself. The same applies to a durable financial power of attorney. When you die, there is no need for a power of attorney. The last will tells your personal representative how you want your assets to be distributed.
9. I need a will but can’t afford to pay. How can I do it myself?
You can download all types of legal forms from the Arizona State Library website. Go to https://azlibrary.gov/dazl/online-reference-resources then scroll down to the section title Legal and click the Gale Legal Forms icon. You may need to enter your zip code to access. If you find a free will form online read my article Will Forms Online first. You can also buy Arizona will forms at an office supply store or from https://uslegalforms.com/
10. Do I Need Witnesses? An Arizona will needs 2 witnesses present when you sign the will. The witnesses should be two people who are not related and not mentioned in the will. I can provide witnesses but they do charge a fee. You don’t need to have a will notarized but it is best to have it notarized because then it is a self-proving will. The court accepts a self-proving will as valid and it simplifies probate.
Living Will
11. What is the difference between a will and a living will?
A will, also called a last will, is a statement of how you want your assets to be distributed after you die.
A living will is a statement of how you want to be treated at the end of your life. For instance, do you want to be resuscitated if your heart stops? Do you want a feeding tube if that is necessary? Do you want only palliative care (care only to make you comfortable such as pain medication)? Having a living will allows doctors and family to follow your wishes if you are not able to speak.
Living Trust
12. What is the difference between a will and a living trust?
A will says who you want to get your property when you die (your heirs) and who will be responsible for making sure your property goes to them (your personal representative, formerly known as your executor). A personal representative is also responsible for making sure your creditors are paid and your taxes are filed. Arizona has a simplified procedure for small estates. If your estate is small there is usually no need to go through probate. Small estates are those with less than $75,000 after debts are paid.
A living trust does the same thing as a will but adds some features. First, you must change the title to your home, car, bank account, etc. to the name of the trust. You are the trustee. You manage the assets in the trust as long as you are alive, and upon your death the property passes directly to the beneficiaries without going through probate. A living trust includes a will for any property that doesn’t have a title, such as furniture, jewelry, etc. People who have large estates are more likely to use a living trust. A living trust is revocable so it can be changed as your needs change.
Divorce Questions
13. My spouse and I want a divorce and we have agreed on the terms. What do I need to do?
The forms and instructions are at https://www.sc.pima.gov/default.aspx?tabid=119 You can download the forms from there. You can also go to the courthouse and buy the forms. You can do it yourself if you are good at doing paperwork and you and your spouse agree on how to divide the property and debts. It is more difficult with minor children but it can be done. See my article, “Divorce Steps“.
14. What is the difference between mediation and arbitration?
Mediation is a meeting between you and the other party. This would be you and your spouse if you are getting a divorce or you and the opposing party in a lawsuit. There is an impartial mediator present who helps you come to an agreement so that you avoid a trial on the issue. Mediation is free to spouses who can’t agree on visitation or legal decision making for the children. It is not free if you can’t agree on child support. If you are in a dispute with an insurance company or other large corporation they usually pay for a mediator if you agree to mediation. In other cases you may have to pay for the mediator yourself. If the parties don’t agree during mediation then the case goes to trial.
Arbitration is an informal process where the arbitrator makes a decision for you after hearing both sides. If it’s a binding arbitration, the decision can’t be appealed. If it’s a non-binding arbitration, the decision can be appealed and then the case goes to trial.
Name Change Question
15. I changed my name when I divorced and now my child wants to change her name to mine. Does her father have to agree?
Yes. If your child is under 18, her father has to sign papers agreeing to the name change.
Guardian and Conservator Questions
16. What is the difference between a guardian and a conservator?
A guardian oversees the person. The court will appoint a legal guardian when a person is unable make decisions about health care, placement in a home or facility, and other matters that concern their personal well-being. A guardian has no authority to handle the person’s finances. To handle the finances a guardian must also have either a financial power of attorney or have been appointed conservator.
A conservator oversees the financial affairs of a person who is not able to manage their own finances due to a medical condition. Drug and alcohol abuse are considered medical conditions. Conservators manage and preserve the assets and pay the bills. A conservator has no authority to make health care and other personal decisions.
17. My disabled father only has social security and a trust. Do I need to be appointed conservator to take care of his finances?
With only social security and assets in a trust, your father doesn’t need a conservator. However, banks will require you to have a financial power of attorney in order to do his banking.
Electronic Notarization Questions
18. Can you notarize a document when I am on a webcam? This called e-notarization and it is legal in Arizona. However, there are costs to the notary to be certified to do e-signings and the AZ Secretary of State has not raised the fees to the signers to allow for this. As a result, very few notaries are performing them. I am not performing e-notarizations at this time. See my article Video Notary.
Apostille
19. What is an apostille? An apostille is a cover sheet issued by the Secretary of State or the U.S. Dept. of State that verifies that the signatures and seals of notaries and other public officials are valid so that the foreign government will accept it. If you are in or going to a foreign country they may require documents issued here to have an apostille attached. The Secretary of State issues apostilles for state issued documents such as birth, death and marriage certificates, and state court papers. The U.S. Dept of State issues authentications for federal documents and some non-federal documents. You can download a free apostille handbook called the “The ABCs of Apostilles” from the Hague Convention website at https://www.hcch.net/en/publications-and-studies/details4/?pid=5889
Sue Simmons is an Arizona notary public in Tucson. Call 520-373-7715 or sue@tucsonnotarypro.com
See Pima County Resources is at https://tucsonnotarypro.com/pima-county-resources/