Durable POA for Healthcare

Was contacted by a signing service to get notarized and witnessed a Durable POA for Healthcare a.k.a. Advanced Healthcare Directive. The offer stated “Notary is required to bring two witnesses”. Typically, a AHCD here in CA needs notarizing or witnessing, not both, as per the standard forms that show one or the other as the preferred option. However, an attorney can draft a form and require notarization AND witnesses. If the client wants the AHCD to be notarized and witnessed, it’s their choice as well. I will oblige in either case.

I informed SS that it’s the client’s responsibility to get witnesses not mine and they can do so for free - i.e. friend, family, neighbors, stranger in the coffee shop, stranger roaming the hospital hallway, etc. In my experience, most people don’t want the hassle…or they just don’t want people they know involved in their business so they’re willing to just have it taken care of. Told the SS that I only do GNW direct with clients but would be willing to provide one of the witness-only signatures because I do offer that service. Based on the zip code given my fee for time/gas is $25, Zelle the fee to my email (which I provided) then give me the location and time of signing appt, I’ll be there.

Suggested to the SS they could find the 2nd witness here (Notary Cafe). Just call Notaries in the zip code, I’m sure one is willing to show up & witness a signature for a few minutes of their time….$25 is customary compensation. Plus, Notary Cafe is also where they can find the Notary who will do the actual notarization. SS says NO, they don’t do Zelle, they will direct deposit fee in 2 - 3 days. I said NO, sorry but I only accept a prepaid fee by Zelle. After the back & forth discussion, the fee offered to notarize for one AHCD was $175 (which I knew was baloney). More back & forth and now the witness-only fee offered - if I agree to wait the 2 - 3 days for payment was $65 (also baloney). 1) SS should have working capital for this, 2) they contacted me, I was minding my own business, and 3) offering ridiculous fees to get me to agree ….yeah, NO.

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Right on!! You handled that perfectly!

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In my experience the signers many times do not want the neighbors or family members to know what they are signing. The usual procedure for the AHCD is two witnesses, no notary or notary, no witnesses required. Forget about getting anyone at the hospital or care home to step in, they will say it is against their policy to be involved. The customary fee per witness is $25. Sometimes the signer will provide one and you bring the other. A fair pricing for bringing two witnesses and your own services starts at $100 if you are willing to fold the notarization fee into the trip fee i.e. 2 witnesses at $25 each, trip fee $50 unless within a 5 mile radius, one notarized signature free. Or two witnesses $50, notarization per signature $15 (in California) and what ever you deem is fair for travel.

I got a call from a person who was the medical POA and I did the notarized document at the hospital since it was an emergency surgery situation. I was able to find 2 witnesses who were willing to help. The hospital provided the documents.