The Soul of Our Profession in the Digital Age
Fellow notaries, if there is one thing we agree on across the industry, it is that the “oath” is the heartbeat of our profession. We are not simply signature checkers; we are the verifiers of identity and the admins of truth. When a signer takes an oath or affirmation, they are binding their word to a legal promise, often with penalties of perjury on the line.
For decades, this moment was physical. The signer stood or sat across a desk. We asked for the right hand. We watched the eyes. We heard the voice. It was a ritual steeped in gravity.
Today, as New York State Remote Online Notaries, that desk has disappeared. The physical room has been replaced by a window on a screen. The challenge we face is not just technological – it is atmospheric. How do we maintain the gravity of the oath when the signer is in their living room? More importantly, how do we ensure that when we ask for that oath, the “paper trail” (now the digital audit trail) captures it so effectively that it holds up in court years from now?
In this guide, we will break down the mechanics of the remote oath, the technology that secures the paper trail, and a specialized section on the high-stakes world of Power of Attorney notarizations, particularly when dealing with our elderly clients.
Part 1: The Legal Foundation of the Oath in New York State
Before we click the “Start Session” button on our RON platform, we must be crystal clear on the legal distinction between an Acknowledgment and a Jurat. This is where many errors occur, both in-person and remotely.
- Acknowledgment: This is a declaratory statement. The signer appears before us (remotely) and declares, “I signed this document of my own free will.” The critical element here is identity verification. The document is often signed before the notarization. The oath is minimal; it is essentially a confirmation of the signature.
- Jurat: This is the heavy lifter. A Jurat requires the signer to swear or affirm that the contents of the document are true. The document is often signed in the presence of the notary (virtually, in our case). The “raising of the oath” is the mandatory component here.
In New York, under the Executive Law, when a Jurat is required, the notary must administer an oath or affirmation. If we miss this step, or if the audio recording does not clearly capture it, the document may be considered defective. In the remote world, a defective document is a nightmare to fix because we cannot “rubber stamp” a fix retroactively without re-doing the session.
Therefore, the remote oath is not a suggestion. It is a procedural requirement that must be captured with absolute clarity.
Part 2: The Mechanics of the Remote Hand Raise
“The Hand Raise” is the visual anchor of the oath. In a physical office, we can sense if a signer is distracted. On a video call, we must engineer the environment to ensure focus.
Step 1: The Pre-Session “Room Check”
Before the oath can happen, the environment must be set. During your initial check-in with the signer, verify the following using a checklist:
- Lighting: The signer’s face must be clearly visible. No backlighting (sitting in front of a window). The face should be evenly lit.
- Camera Angle: The camera must capture the signer’s face and upper torso. This is crucial because when we ask for a hand raise, the hand must be visible on the screen. If the camera is zoomed in too tight on the forehead, we lose the visual evidence of the oath.
- Background: Ideally, a neutral background. A cluttered room is fine, but a busy TV screen in the background can distract the signer and ruin the focus of the oath moment.
Step 2: The Script (Verbalizing the Oath)
We need a standard script. Do not improvise the legal language. Consistency creates a reliable paper trail. Here is a recommended script for a New York State Jurat:
“Please raise your right hand. [Pause for visual confirmation]. Do you voluntarily swear or affirm that the statements made in this document are true and correct to the best of your knowledge and belief?”
Wait for the response. It must be audible.
“Thank you. You may lower your hand.”
Step 3: The “Visual Confirmation” Pause
This is the secret weapon of the professional RON. When you say “Raise your right hand,” do not move on to the next sentence immediately. Pause for two full seconds.
Watch the screen.
If the signer raises their hand, you have your visual confirmation. If the signer is wearing a wristwatch, a bracelet, or has a distinct hand gesture, let it register. This 2-second pause allows the RON platform’s camera to capture the motion clearly. It creates a distinct visual marker in the video recording that correlates with the audio of the oath.
If the signer’s camera is low and the hand goes off-screen, politely ask:
“For the sake of the recording, could you please raise your hand slightly higher so it is visible on the camera?”
Never assume the other person sees what you see. You are the director of this production.
Part 3: The Audio-Visual Recording as the Ultimate Paper Trail
In the paper era, our journal was our backup. In the RON era, the Audio-Visual (AV) Recording is the gold standard. New York State requires RON providers to retain the AV recording of the session for a minimum of five years.
This recording is your “video journal entry.” It is the proof that the oath actually happened.
Why the AV Recording Matters More Than the Journal
Your electronic journal entry is a data log: Name, Date, Document Type, Thumbprint. It is essential, but it is not “proof” of the oath. The AV recording is the proof.
Imagine a scenario five years from now. A signer claims they were coerced, or that they didn’t actually swear the oath, or that someone else was standing behind the camera. The AV recording settles the dispute instantly.
Best Practices for Maintaining the AV “Paper Trail”
- Test the Microphone Early: During the “small talk” phase of the call (the first minute), ask the signer to speak loudly and clearly. Check the volume levels. If the signer’s audio is tinny or low, the oath will be unintelligible. Fix this before the documents are introduced.
- Eliminate Background Noise: A barking dog, a blaring TV, or a baby crying during the oath makes the recording difficult to decipher in a dispute. Ask the signer to mute background noise sources.
- The “Full Frame” Rule: Ensure the signer is not cropped out of the frame. Many platforms have a “speaker view” and a “grid view.” Make sure you are looking at the signer’s full video feed when administering the oath.
- Post-Session Verification: Immediately after the session ends (before you close the tab), review the recording in the platform’s library. Play the 10-second segment where the oath occurred.
- Can you hear the words “I swear”?
- Can you see the hand raise?
- Can you see the signer signing the document (if a Jurat)?
If the answer to any of these is “No,” the session is compromised. You may need to reschedule. It is better to reschedule now than to litigate later.
The Electronic Journal (e-Journal)
While the video is the primary evidence, the electronic journal is the index. Ensure you are filling out every field required by the New York Department of State.
- Document date.
- Number of pages.
- Signer’s printed name.
- Signer’s address (often collected during the ID verification step).
- Electronic signature or thumbprint of the signer (collected via the stylus or mouse on the screen).
The e-Journal and the AV Recording should link to each other within your platform. This digital chain of custody is your “paper trail.”
Part 4: Special Focus – Power of Attorney (POA) and Elderly Clients
This section addresses a specific area of high volume and high risk: Power of Attorney documents. These are frequently brought to remote notaries by adult children seeking to secure legal authority for their aging parents, or by individuals creating their own “durable” powers of attorney.
POA notarizations are unique because they often involve a third party (the child/agent) who is managing the process, while the principal (the parent) is the one actually signing. This dynamic introduces confusion, anxiety, and potential competency issues.
Below, we address the most common questions clients have regarding POA notarization for themselves or their elderly parents.
Question 1: “My father has early-stage dementia. Can I still notarize his Power of Attorney remotely?”
The Answer: This is the most difficult question we face. The short answer is: Yes, if he is competent at the moment of signing.
However, “competent” is a high bar. As the notary, you are not a doctor, but you are a witness to capacity. In a remote session, this is harder to assess than in-person.
How to handle it:
- Watch the eyes. Are they tracking the screen?
- Watch the speech. Is it slurred or confused?
- The “Echo” Test: When you ask him his name, does he answer correctly? When you ask him what the document is (a Power of Attorney), does he nod or confirm?
- If the daughter (the agent) is doing all the talking and the father is just staring blankly, the competency is questionable.
- Script: Ask the principal directly: “Mr. Smith, are you aware that you are signing a document that will give your daughter the authority to manage your financial affairs?” If he responds affirmatively and clearly, that is strong evidence of capacity.
If the dementia is advanced, a remote notarization is risky. In such cases, a doctor’s certification of competency attached to the POA is often required by banks. Advise the client to have that medical form ready.
Question 2: “Do I need to be on the video call if my mom is the one signing?”
The Answer: Yes, and No.
Technically, the signer (the mother) must be on the video call. The daughter (the future agent) does not strictly need to be on the video call to notarize the signature of the mother.
However, practical reality dictates that the daughter should be present. Why?
- The daughter often holds the paper document (if they are printing and signing, then scanning).
- The daughter often guides the mother (“Mom, click here,” “Mom, sign here”).
- If the mother is confused, the daughter can intervene.
Warning: If the daughter is on the call, ensure she is not coercing the mother. The mother must be the one to speak the oath and sign the document. The daughter should step back verbally and let her mother take the lead during the oath moment.
Question 3: “We are in a hurry to get this to the bank. Can my mom sign the Power of Attorney now, and then get it notarized by you later this week?”
The Answer: It depends on the document requirements.
If the document is an Acknowledgment, the mother can sign it first. She can sign it on Tuesday, and then you can notarize it on Friday via RON. She just needs to tell you, “I signed this on Tuesday.”
If the document is a Jurat (which some POAs are, especially if they contain sworn statements of health or specific assets), the signature must be made in your presence. If she signs it on Tuesday, she has invalidated the Jurat requirement.
How to check: Look at the bottom of the document.
- If it says “Subscribed and sworn to,” it is a Jurat. She must sign it during the video call.
- If it says “Acknowledged before me,” it is an Acknowledgment. She can sign it beforehand.
Best Practice: Always advise the client not to sign until you are on the call with them. It avoids confusion and ensures the document is done in one step.
Question 4: “My parents are both signing the POA, but they live in different states. Can you notarize them together?”
The Answer: In New York State, Yes (with a catch).
If you are a New York RON, you can notarize for a signer who is physically located in New York.
If both parents are in New York: They can join the same video session. You can notarize them one after the other in the same call.
If Parent A is in New York and Parent B is in Connecticut: You cannot notarize Parent B in the same session (unless you are also commissioned in CT). You would need to hold two separate sessions, or find a Connecticut RON for Parent B.
The “Paper Trail” Note: If they are in the same house in New York, but on two separate devices (e.g., Mom on the iPad, Dad on the laptop), they can both appear on the grid. Just ensure you collect ID and administer the oath to each of them individually. Do not lump them together. Ask Mom to raise her hand, swear, and sign. Then ask Dad to raise his hand, swear, and sign. Two distinct actions, one continuous recording.
Question 5: “We don’t have a printer. Can my dad sign electronically on the screen?”
The Answer: Yes, absolutely.
One of the greatest benefits of RON is the ability to sign electronically (wet ink is not required for most RON transactions).
The Process:
- The document is uploaded to the RON platform.
- The platform places “signature fields” on the document.
- Dad uses his mouse, trackpad, or finger (on a tablet) to draw his signature in the box.
- He clicks “Sign.”
- The platform locks the signature.
- You apply your Notary Seal.
Note for Elderly Clients: Some elderly clients struggle with drawing a signature on a screen with a mouse. In these cases, it is often easier to have them print the document, sign it with a real pen, and then photograph the signed page using their phone and upload it to the platform. This “hybrid” method is often less frustrating for seniors with tremors or limited dexterity.
Question 6: “Does the Power of Attorney need to be notarized by a NY Notary specifically? Or can it be a Florida Notary since he is retired in Florida?”
The Answer: Usually, the Notary must be from the state where the Signer is physically located.
If Dad is in Florida, a Florida Notary should notarize him. If Dad is in New York, a New York Notary should notarize him.
Even if the real estate is in New York, if the signer is in Florida, a New York Notary generally cannot reach across state lines to notarize him (unless using specific multi-state reciprocity rules, which are complex).
However, if the signer is in New York, and they are creating a POA to be used in Florida, a New York Notary can notarize it. The governing law is usually the state of the signer’s presence, not the location of the property.
Part 5: Troubleshooting Common Oath Failures
Even with the best preparation, things go wrong. Here is how to handle common failures without breaking the paper trail.
Scenario A: The Video Freezes During the Oath The signer is raising their hand, and the video freezes right as they say “I swear.”
- Fix: Check the platform’s “Connection Status.” If the video is frozen but the audio is live, continue with the audio. Ask the signer to hold the hand up until the video refreshes.
- Record: Once the video restarts, state for the record: “Due to a technical glitch, the signer’s hand raise was partially obscured. Signer, please raise your hand again for the camera.”
- Re-do: Better to re-do the oath than to rely on a glitchy recording. It takes 30 seconds.
Scenario B: The Signer Forgets the Script You ask: “Do you swear this is true?” The signer nods but says nothing.
- Fix: Do not proceed. Say: “I need an audible response for the recording. Please repeat after me: ‘I swear.’”
- Why: In court, a nod is ambiguous. A voice is evidence.
Scenario C: The Pop-up Notification Right as the oath happens, a giant email notification pops up on the signer’s screen, covering their face.
- Fix: Pause. “Excuse me, it looks like a notification came up. Could you please minimize that window so I can see your face clearly?”
- Prevention: Remind clients 5 minutes before the call to close their email and turn off desktop notifications.
The Notary as the Guardian of the Process
As we embrace the speed and convenience of Remote Online Notarization, we must not sacrifice the solemnity of the oath. The “paper trail” is no longer a book on a shelf; it is a high-definition video file stored in the cloud, encrypted and indexed.
When we conduct a proper raising of the oath, we are doing more than checking a box. We are creating an indelible record of truth.
By ensuring our lighting is correct, our script is clear, and our AV recording is pristine, we protect ourselves, our signers, and the public trust. And when we are faced with the complexities of Power of Attorney documents for our elderly clients, our patience, our clear communication, and our attention to capacity become our most valuable tools.
Remember: The technology is the tool. The oath is the mission.
Let us keep the standards high, the recordings clear, and the paper trail unbroken.
Disclaimer: The information provided in this article is for general educational purposes for notary publics and is based on New York State laws and the Uniform Remote Online Notarization Act (U-RONNA). It does not constitute legal advice. Laws and platform technologies evolve rapidly. Always consult the New York Department of State and your professional liability insurance provider for the most current regulations regarding your commission.