September 6, 2024
When a loved one is in the hospital, facility, or sick, it can be a tough time when they need a notary! There are so many important decisions. Here’s how we can help!
We, as notaries, can’t provide legal advice, because that would be breaking the law. However, we can help guide you with what we can and can’t do.
What is Needed for a Notary Appointment
The first step before calling us would be to find the signor’s ID with a picture, such as a driver’s license or passport. Many times, this is the main problem with notarizing for an elderly, sick, or incapacitated person. ID goes missing or another family member has it, but without it, we can’t notarize. Also, make sure to compare the document name with the ID. The name on the document must be on the ID. If not, the person that prepared the document needs to be notified. If there is no ID of any kind available, you would need to call an attorney unfortunately. However, if there are other forms of ID, we can make a judgement call at times. Always call us and explain the situation, and we will try our best to help.
Before any document is notarized, we first will ask some questions and talk to your loved one to make sure that he/she understands what is happening.
Here is a link to a helpful article with common questions about assessing a signer’s mental capacity.
They are Too Sick but Need a Notary
If your loved one is too sick or weak to sign documents there are a couple of options.
- Sign by Mark – The Signor can make a “mark” such as an x instead of signing the full name. This is a legal signature in AL with witnesses.
- Power of Attorney: A notary can help notarize a power of attorney, which lets someone make medical or financial decisions for the patient if they can’t do it themselves. Please know that we can’t create legal documents for you.
Common Documents for the Sick who Needs a Notary
Below are a couple of documents that often need notarizing in a hospital or facility setting. Be sure to look out for witness lines on these documents because some require them. Hospitals do not allow employees to witness, but we do have witnesses at certain times. That would need to be arranged before the appointment but just let us know.
Health Care Proxy: This document lets a person choose someone to make health care decisions if they can’t. This document has sections that the signor will need to complete regarding medical decisions. This needs to be completed before the notary appointment.
Living Will: A living will states a patient’s wishes about medical treatment if they can’t communicate. Again, there are blanks that must be filled in and completed before the appointment.
Last Will & Testament- Requires 2 nonrelated witnesses in AL.
Steps You Can Take for a Hospital or Facility Appointment
Talk to the nurses: Hospital and nursing home environments can be unpredictable. Check with the nurse to be sure the patient will be available (not in therapy) and not medicated (awake not sleepy) during the appointment. Find and check the ID
Check understanding: Talk to the patient before the appointment to make sure they understand the document and want to sign.
Prepare documents: Have all documents completed and ready, with no blanks except for the signature and notarial certificates. DO NOT SIGN THE DOCUMENTS.
Hopefully this information can help you during a difficult time. If you have any questions or need help when your sick loved needs a notary a hospital or facility, feel free to reach out to us. [email protected] 205-908-5342
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*This blog is not considered to be legal advice.