I have receiving an inquiry for a notary service. The client’s mom will be having an eye surgery. She has Alzheimer. The Surgeon required the mom to have either POA or AHCD notarized. Please advise how I should go about with this assignment. I need to get back to the client in 12 hours.
Thank you!
P.S. I have attached the form that surgeon provided to the client.
I’d approach this like any other notarial service request. There is no notarial language on the form. I would ask the client whether they want a jurat or an acknowledgment. If the client is unsure, I’d tell them to consult a lawyer to find out what type of loose certificate they need or the requesting party. Shun, it would be in your own best interest to seek out a mentor or get more training. Just my suggestion…
thanks! The part that confuses me is the fact the Principal has Alzheimer. She needs a healthcare directive/ power of attorney, not a jurat or acknowledgement. Her daughter will be the agent who called me for the service. The daughter said her mom can lose her memory like in 5 minutes after having a convo with her. Not sure what type of document needed. (The surgeon told the daughter an advanced healthcare directive/power of attorney is needed.) I would use medical power of attorney form if she doesn’t have alzheimer. now, maybe 2 witnesses are required as well?
It’s not up to us to decide what type of document to use. And if the daughter’s mother has any sort of mental impairment, we can’t go through with it. In this situation, it’s best if daughter and mother seek legal counsel and have the courts make the decision.
I think I got it. thanks for your input!
Honestly, @shun ?? I’d refer daughter to an attorney and stay out of this. If this is the situation with Mom, she needs a Guardian/Conservator, whatever is applicable in your state - she needs court intervention - this is above your pay grade.
thank you for your input. I spoke with the daughter again. She confirmed her mom has the mental capacity and understands why she needs to sign the medical POA. The surgeon mentioned that only a general POA with notarization. I have gave her the POA form link and recommended her to seek a legal advisor/attorney, however it isn’t required. Afterall, as a notary public, I am only to witness the signing and ensuring the principal has the mental capacity and not under any duress.
