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How easy is it to rescind a notarized authorization form? Can I force the receiver to honor the notarization?

Littleton, CO |

My ex signed and notarized a records and information release form. Within a week of personally taking the document to a notary and getting it notarized: the ex has now apparently changed their mind and wants the records request to be stopped.
The ex has signed the exact same document for the exact same records request without any issue.
How can the records provider be forced to offer the documents as requested?
How do I hold the ex to her "word", making the notarized document still valid?
Just to clarify, the ex went under their own power to get the notarization. The ex was not intimidated, harassed or made promises in exchange for the notarization. There is no fraud.
Can someone just change their mind and have a previously notarized document voided?

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Attorney answers 4

Posted

If I understand the question correctly, it is whether a party can withdrawal consent for a release for records? The consent for disclosure can be withdrawn unless there is a court order, incompetency or other statue that controls. It sounds like this is part of a much larger issue you are not disclosing. If you have questions, contact a CO attorney. Best of luck.

This answer was provided for general informational purposes only and is not an offer to represent you. You should not act, nor refrain from acting, based upon any information contained within this answer. Neither the information in this answer, nor your receipt of it, creates an attorney-client relationship.

Asker

Posted

The ex had a form notarized and then wants to changer their mind just a few days later. There is no fraud, harassment or intimidation. Can someone just change their mind whenever they want? Doesn't the notarization hold any legal weight?

Stephen Clark Harkess

Stephen Clark Harkess

Posted

The legal purpose of the notary stamp is to prove that the signature actually is your ex's signature. Unfortunately for your argument, the validity of the signature is not what is at issue.

Posted

Yes, someone can change their mind. A release is not an agreement, it is merely a consent. That consent can always be withdrawn. Only a court can order a person to release documents so if you want documents then it will have to requested related to court matter and count authority.

Also, notarization is of no significance at all. That does not confer some special powers on this release.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

Asker

Posted

Thank you for your response. It is a bit concerning that a person can offer consent, and then take it back before the initial intended "transaction" had even been completed. I can understand if consent was given and then taken back weeks, months or even years later. I can only hope that in the future a supplemental contract can be drafted to include that the consent will be in effect for a specific duration of time so that this does not happen again. Perhaps similar to a medical records of HIPPA release form that designates that it terminates in 1 year or other specified amount of time. It is very unfortunate that the notarized document has no legal authority as soon as the signing party notes wind pattern shifts and changes their mind :(

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

I agree wholeheartedly with Mr. Murillo. I had not seen that Robert had already responded and oddly enough I was preparing a very similar response. One can withdraw their consent at any point in time-even immediately. We see it with powers of attorney all the time. I also agree that notarization is insignificant, it just verifies who signed it.

Stephen Clark Harkess

Stephen Clark Harkess

Posted

If you are seeking to have the release enforced as a contract, you will have to ensure that you are giving your ex bargained for consideration - a payment or a promise of something in exchange for the release. Otherwise, you do not have a contract. Not every piece of paper - signed and notarized or not - is a contract.

Posted

Consent does not necessarily last forever. Your ex gave consent and is free to revoke it. If the release of the information was granted pursuant to a binding contract (which requires you to have provided some consideration or value for the promise) or a court order then you can pursue a breach of contract claim or contempt of court.

You can reach Colorado Legal Solutions by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Colorado Legal Solutions and any person. Sometimes free advice is only worth as much as you paid for it. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Christopher Daniel Leroi

Christopher Daniel Leroi

Posted

Great response by Mr. Harkess as well. He also provides the most sage and accurate advice. Consent can be immediately revoked or revoked years later. They are not bound to continue their consent.

Posted

An Authorization for Release of Records can be withdrawn at any time by the party who consented to the authorization, in this case your ex; it is not an enforceable agreement. The notarization does not serve any special purpose other than to verify that the signature is a true signature.