California provides an opportunity for Advanced Healthcare Directive forms not to require a notary public if the customer has two no conflict witnesses to sign. I was surprised to recently receive mobile notary requests this week.
Of all the type of documents I’m summoned for I’m very surprised to receive calls for these type of witness based forms. I’ve since decided to let the customer know they don’t need a notary if they can get two witnesses not involved in the transaction to sign the document.
The other callers I still get are requesting me as a notary to sign as a witness for an I9 form that’s unlawful in California.
Having already done this once before, my other “No Can Do” request denial is to come to a hospital when the patient’s in the middle of death throes. The one I did died within 2 hours of my notarization. All the family was there hoping to get trust docs and the will signed. Never again!
On the Advanced Directive. Here in Tennessee you can also use two witnesses and it doesn’t require a notarization. However, notarization is still encouraged and used by attorneys. Notarized advanced directives here are desired by the courts, because it removes the requirement to locate the two witnesses and verify their signatures. Whether using an attorney, or printing the docs themselves, in Tennessee people are encouraged even with witnesses, to have their Advanced Directives notarized. It makes for a quicker and cleaner process.
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Notaries shouldn’t give what could be called legal advice telling anyone what should or should not be notarized. IMO.
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I am in CA also. The way I handle something where people need to make a choice is to text them a link to a website that will show them the information behind the choice they need to make.
I would say to them, there are two ways to handle this and if I tell you to do one or the other it could be considered giving legal advice, but this website will help you to decide what is best for you. If you still want me to do (whatever it is) then let me know.
The general public has no idea what legal advice is.
Things like on the death bed I will not touch with a 10-foot pole.
If I am asked to draft a POA for someone other than the caller, I will draft, but I won’t notarzie. I call another notary.
If the person is well and lucid enough to give their power away, they are well and lucid enough to sign the contract for the POA drafting in the first place.
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@johnsonps306
I believe that we have already mentioned this to her regarding anther situation. I don’t get it
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Respectfully , this comes across as giving legal advice. If they want it notarized , notarize it , make your money, and go home. it almost seems like you don’t WANT to be a notary . If you would rather be a document preparer , turn in your stamp and move in that direction. I know being a notary is a heavy responsibility . However I would not send away a paying client that wants a lawful notarization.
As far as someone on their deathbed, I understand your stance on that.
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It seems to me that those wishing to be helpful when putting forth their editorials on this forum may actually be doing themselves and their NEWBIE readers some unintended harm. Affirmative statements (often unsupported) run the risk of being partially or wholly inaccurate and thus, state the opposite of what is actually true. I’m always wary of the “authoritative” posts I see on these pages coming from a notary whose credentials I cannot verify and who may live in a state where the rules/regulations/laws are different that my state.
Conversely, there are those who post here that take the time to quote chapter and verse from reliable sources that are disclosed in their writings. Those who are interested or that need verification can check it out for themselves.
One man’s opinion, anyway. Caveat emptor.
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Interesting topic. Some requests are run-of-the-mill meetings with signers who are updating their personal documents. Others are “serious as a heart attack” meetings with severely ill signers who are terrified of your presence and of the ramifications of signing such a document. I can see the fear in their eyes, and the significance of what I have done weighs heavily on me long after I adjourn.
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I too am jarred by the fear in their eyes and I feel it crushing me as I drive home and toss in bed thinking about that person for hours and sometimes days .
While the AHCD forms give the option of witnesses or notarization, a lot of people prefer it be notarized simply because they just don’t want family or friends involved in their business - it’s really as simple as that. I do agree with you about notarizing for terminal patients who are at death’s door. Early in my notary career, I notarized guardianship paperwork for a lady in her 30’s dying of ovarian cancer and only had 3 days left. Her daughter was 9 years old she was signing guardianship to the family - can’t remember which one. The family was all around the bedside at their home. It was so heartbreaking and I didn’t want my fee. The family made me take the money. I’ve done many, many hospital signings - thank goodness I never again encountered another like that one.
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