Hi all -

As part of an administrative proceeding, one of the beneficiaries is in a nursing home cannot be moved.  He needs to sign a Receipt and Release for his distribution which needs to be notarized.  There is no issue with a Notary going to him for the signature but his NYS Identification Card expired in 2018.  His niece who handles his affairs has his social security card (reissued in 2024 and unsigned), his birth certificate, and his Medicare card.  She is also a beneficiary.

I am trying to determine in NYS what would be acceptable as ID in this matter to enable the Notary to take his signature.

Based on my reading of the Notary Public License Law Section 182.5, the Notary could obtain "the oath or affirmation of two witnesses who know the individual personally and provide identification that meets the requirements . . ."

If this were the case, could the niece and another family member (both with valid unexpired driver's licenses and both beneficiaries signing their own Receipt and Release) each sign an affirmation?

Has anyone had this situation before?   Does anyone have a form of affirmation they could share?

Thank you in advance.

Best regards -

Laurel


Laurel Scarr-Konel

Attorney at Law
415 Crossways Park Drive
Suite C
Woodbury, NY 11797
Tel: 516-942-4200
Fax: 516-938-6595
Laurel@LScarrKonelLaw.com
www.LScarrKonelLaw.com

Confidentiality Notice:  This communication is intended only for the person or entity to which it is addressed and may contain information which is privileged, confidential or otherwise protected from disclosure.  If you have received this communication in error, please notify us immediately and delete and/or discard all copies of this communication.