There are certain documents that require a signature witness in order to be valid and approved. A signature witness is an individual who witnesses the signing of a document and verifies that the person signing the document did so while alert, with knowledge, and without intimidation. Overall, a signature witness is put in place to add a layer of protection for all parties involved in the execution of the document. Signature witnessing can be very important. In situations where the validity of a document may be called into question, like in legal proceedings, a signature witness can testify. If questions arise regarding the signer’s behavior, character and/or presence, the signature witness can be called upon to testify in court or provide a affidavit (written statement) on behalf of the requesting party.

Notary Glow has served as a signature witness on lots of occasions. In today’s climate, you’d be surprised at how many people can’t find someone to serve as a witness to a document and/or a transaction. Trust, we get it! Taking on the responsibility of a signature witness can sometimes be huge role. When doing so, you’re involving yourself into someone else’s affairs. That individual can be an upstanding citizen or menace to society. Once you act as a signature witness to a document and/or transaction, you are attached to it for as long as it’s effective; possibly even after. Let’s take a look at some situations that have documents that often cause for a signature witness.

Common Documents That Require Signature Witness

The list of documents that may require a signature witness is countless and continuous. At Notary Glow, some of our most requested signature witnessing involves real estate and loan documents, estate planning documents, court affidavits, and contracts. Let’s discuss a few circumstances in which we acted as a signature witness:

• Estate Planning - Wills: A Will is a legal document that sets forth how a person's assets will be distributed once they passed on. While some jurisdictions do not require a will to be notarized in order to be valid, a will must be signed in the presence of witnesses.

• Affidavits: An Affidavit is a written statement that is made under oath. Affidavits can be used as evidence in formal court proceedings. In many cases, a Notary Public’s stamp and seal is sufficient enough to validate an affidavit, as they will also be administering an oath. However, there are situations where signature witnesses are used to verify the person signing the document was put under oath when the affidavit was signed.

• Power of Attorney: A Power of Attorney is a legal document that allows a person to appoint someone to act on their behalf in whole or in part. In almost every situation, a power of attorney requires a Notary Public’s signature and stamp to be sufficient. In special situations, a signature witness must also be present along with a Notary Public when power of attorney are being signed.The Notary is there to compel the honesty and integrity in all parties involved in the power of attorney. The signature witness is there to verify the signer’s alertness and ability to understood the implications of signing the power of attorney.

• Real Estate Documents: To sale or transfer of real estate, documents such as deeds and mortgages, require a Notary Public’s services in order to process and record with the County Clerk’s office. Some jurisdictions may require certain documents to have a signature witness added to the documents in order to process and validate them, in addition to a Notary’s signature and stamp. In circumstances the cause for a signature witness, the signature witness is put in place to verify that the person signing the document was competent and understood the implications of signing those documents.

• Contracts: When large sums of money are on the line, contracts such as trade agreements, employment and government contracts, and any other financial deals, may require a signature witness to add credibility and validation. In those circumstances, the signature witness can attest to the fact that the people signing, were competent and should have been able to understood the terms of the contract, if called upon to testify in contractual disputes.

Overall, a signature witness is a person who can verify that a document was signed willingly and freely, and that the person signing the document was competent enough to have the ability to understand the contents of the documents. Under most states laws, a signature witness must be over the age of 18 and must not have a vested interest in the document(s) being signed. Following this guidance, you can choose almost anyone to act as a signature witness; even a Notary Public. It’s important to know, unless your state’s laws allows it, a Notary Public cannot act as a witness and a Notary Public on the same document. Some states allow notaries to notarize and act as signature witness to the same documents, other states may prohibit such practices.

How Should You Choose A Signature Witness

The identity of a signature witness can vary; just about anyone can be a signature witness. However, you shouldn’t be careless when choosing a signature witness. Being reckless can cost you. Most people aren’t going to just offer up this service to you, especially if they have to apply their signature to the document as well. In fact, many will be quite apprehensive when you request such services. This apprehension largely stems from safety reasons and fraud concerns. If you need a signature witness, you will more likely have to ask someone to signature witness a document, especially if the matter can be brought up in litigation. No one wants to be sued or jailed for trying to help. But, Again, you don’t want to be irresponsible when allowing others into your private matters. When choosing a signature witness, there are a few things to consider, let’s discuss:

• Choose An Adult: In most jurisdictions, a signature witness must be over the age of 18. In the event of legal action, it would be easier and more legitimate to get a testimony from an adult in comparison to a minor. Court cases and lawsuits aside, documents signature witnessed by a minor, will most likely be voided and dismissed.

• Choose Someone You Trust: You should choose someone that you know and trust to be honest, and who would accurately verify that were competent when you willingly signed the document.

• Choose A Reliable Person: Your signature witness should be someone who is reliable. Having access to your signature witness is critical. Should situations arise that cause for concern, your signature witness should be easily accessible to witness for you.

• Choose An Unbiased Person: The person who is to be the signature witness should not have any real tangible interest in the matters related to the document. This signature witness should be neutral to the situation. It’s wise to avoid situations that can be considered bribery or persuasion; such actions will most likely cause a document to voided because it’s unlawful.

• Competence Is Key: A signature witness should be competent and able to understand the position in which they are taking in regards to serving as a witness. Again this person can be subpoenaed if matters require legal actions.

It is generally a good idea to choose a signature witness who is familiar with the document(s) being signed, and can understand the implications of serving as a witness. Additionally, it is usually a good idea to choose a signature witness who is not a party to the document being signed, as this can help to ensure impartiality.

Notary Glow As Your Signature Witnesses

A Notary Public’s job is to notarize documents. However, a Notary Public can also act as a signature witness for an individual. Depending on the jurisdiction of Notary and the documents destination, it may be unlawful for the Notary Public to act in the capacity of Notary Public and signature witness on the same document or documents that rely upon one another. Some state laws see it as a conflict of interest for a Notary Public to act in the capacity of a Notary as well as a signature witness to the same set of documents. As a Notary company in the New York State, Notary Glow can serve as Notary Public and witness on the same documents. If you are going to use a signature witness, there are several reasons why you should choose a notary public as a signature witness over anyone else:

• Unbiased Standpoint: A notary public bears the responsibility to act as a neutral party to the signing of the document. There should be no gain or guarantee in the paperwork for the notary; this ensures impartiality. Notary Glow only charges a low traveling fee if we are not local to you; our services for signature witnessing has no other fee associated.

• Reliability: A notary public is a licensed professional who takes an oath to act in the best interest of the public. While not explicitly stated, reliability is a part of the essence of the oath we take. A Notary Public must be available to public and answer to the court of law when necessary. Notary Glow is here for you!

• Competent: Being competent is a part of our job description as a Notary Public. We have to acquire the ability to properly ID, administer oaths, and witness signatures in order to notarize a document correctly.

Overall, a notary public can be the better choice when selecting a signature witness. Notary Glow acts in a neutral, reliable, and competent capacity. We are here to provide added assurance and authenticity to the document being signed.