Credible Witness Identification

An elderly woman arrives to sign a power of attorney document. She's lived in the same small town for 60 years, but unfortunately, she's let her driver's license expire beyond the 5-year limit and her passport is locked in a safe deposit box at a bank that's closed for the weekend. She has no acceptable ID—but her longtime neighbor and friend is with her. Can you proceed?

Yes—through the credible witness procedure. This method allows a signer without acceptable ID to be identified by a person (or persons) who can vouch for their identity under oath.

When to Use Credible Witnesses

Use this method only when the signer cannot produce acceptable identification. This is a last-resort option, not a convenience shortcut.

Appropriate situations:

• Signer's ID is lost or stolen
• ID is expired beyond 5 years
• Signer never obtained a government ID
• ID is temporarily unavailable (locked away, mailed off for renewal)

Two Credible Witness Options

California law provides two ways to use credible witnesses, with different requirements for each:

Option 1: ONE Credible Witness

Requirements for the single witness:

• Must be personally known to the NOTARY (this is the key difference!)
• Must be personally known to the SIGNER
• Must have no financial interest in the document
• Must take an oath affirming the signer's identity
• Must sign the notary's journal

Critical Point: When using just one credible witness, the notary must personally know that witness. The witness cannot present an ID instead—personal knowledge is required.

Real-World Example: You're notarizing a document for an elderly woman with no valid ID. Your longtime friend Sarah—whom you've known for years—is also the elderly woman's neighbor and has known her for decades. Sarah can serve as the single credible witness because you know Sarah personally, and Sarah knows the signer personally.

Option 2: TWO Credible Witnesses

Requirements for both witnesses:

• Must be personally known to the SIGNER (but don't need to know the notary)
• Must present acceptable identification to the notary
• Must have no financial interest in the document
• Must each take an oath affirming the signer's identity
• Must each sign the notary's journal

Key Difference: When using two witnesses, the notary doesn't need to know them personally. Instead, they must each present acceptable ID (the same types acceptable for signers).

Real-World Example: You're notarizing a document for an elderly woman with no valid ID. Her neighbor (whom you don't know) and her church friend (whom you also don't know) accompany her. Both witnesses present their driver's licenses to you, and both swear they've known the woman for years. Together, they can vouch for her identity.

Side-by-Side Comparison

Memory Trick:

• 1 witness = notary knows the witness
• 2 witnesses = witnesses show ID (because notary doesn't know them)

The Credible Witness Oath

Every credible witness must take an oath (or affirmation) stating:

1. "I personally know the signer" — established through repeated interaction
2. "The signer is the person named in the document" — the identity being vouched for
3. "I reasonably believe the signer is the person whose signature is required"
4. "I have no financial interest in the document" — no benefit from the transaction

The notary administers this oath, and it must be taken seriously—the witness is making a legally binding declaration.

Financial Interest Disqualification

A person cannot serve as a credible witness if they have a financial interest in the document or transaction.

Examples of financial interest:

• Beneficiary of a will being notarized
• Party to the contract
• Grantee in a deed transfer
• Someone who will receive money from the transaction

OK to serve as witness:

• Family member (unless also financially interested)
• Friend with no stake in the outcome
• Neighbor
• Coworker (if not involved in the transaction)

Journal Documentation Requirements

When using credible witnesses, you must record more information in your journal than for a standard ID-based notarization:

On the Exam

Expect 3-4 questions on credible witnesses. Key points tested:

• ONE witness: Must be known to BOTH notary AND signer (most tested concept)
• TWO witnesses: Must show ID to notary (not personally known requirement)
• All witnesses: Must have NO financial interest in document
• All witnesses: Must take oath AND sign journal
• When to use: Only when signer lacks acceptable ID