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.
Question, why did they call you if the document doesn’t need to be notarized? Any family member can witness her signature. Your signature on the document does not carry any legal weight unless you attach a signed and stamped acknowledgment, which you don’t have to do. I would steer clear of this one if I were you.
Yes, the daughter kept asking me to do the full blown POA which will give her full right to manage her mom’s assets and everything. I told her, no. She is only have an easy eye surgery. it was fishy what she is trying to accomplish.
Its not a power of attorney, it simply for billing purpose, I had cataract surgery same form different company I live in Missouri.
the surgeon requested for POA thus she asked me to notarize one for her.
Follow-up question: if the daughter had presented a California statutory power of attorney, would you have then notarized it? My experience would be that had the dementia been disclosed, this assignment would be easy to turn down over the phone; however, once you get there and you’re sitting in front of the signer and the client produces the power of attorney, you’re obligated to notarize it unless you can make up a good excuse not to.
I disagree here - on the phone or face to face…if the signer is not cognitive of what they are signing, I will refuse to notarize and leave. I’ve done it…when the signer of the POA looked at his potential AIF and said to me “I don’t even know who that is”…end of appointment.
reread my question, Linda. you can’t turn down a proper request.
@ewing_joe maybe I should quote your whole statement:
“My experience would be that had the dementia been disclosed, this assignment would be easy to turn down over the phone; however, once you get there and you’re sitting in front of the signer and the client produces the power of attorney, you’re obligated to notarize it unless you can make up a good excuse not to.”
You said once you get there sitting in front of the signer you’re obligated to notarize…I disagree
100% agreed. I did turned down at first. She kept saying her mom knows what she is doing and etc. I am also eager to learn. I love being challenged and stay outside of my comfort zone. I spent entire weekend on call, email, and text with the daughter in trying to figure out how I was able to help her with the information given to me every time when she redirects back to her mom can stay focused with clarity for at least 30 minutes each time. at the end, I just told her, it is not worth of trying. Plus, it is a very minor eye surgery. She can request for medications and prescription when she is conscious or with clear state of mind.
Yes, I spent over 2 days of my weekend, but I learned a lot of stuff.
You still don’t get it, and that’s OK. Maybe we’re just miscommunicating with one another. You know, one morning I was visiting a signer at a nursing home at the request of his two nieces. The signer seemed fine, and when he finished eating his breakfast in bed, his caregiver put the breakfast tray next to his bed, and I walked over, spoke to him briefly, handed him my notary journal, which was a hard flat surface to sign on, and a pen to sign with. As he began to sign, he looked up at me, took an excruciatingly long exhale, and died. In the chaos that ensued I still had the wherewithal to ask for and collect my travel fee. So you never know what kind of adventure you agree to and that’s why aggressive prequalification over the phone is vital.
Hahahahahaha, you had the “wherewithal” to ask for a travel fee?? Hahahahahaha. You had the b*lls to ask for the fee, you mean. Joe, youse are killin’ me. Did the dead guy’s check bounce?
I love this site 
haha this is too funny. How was he able to pay you the travel fee when he just died right at the signing?!
yea, I know. even if you are there in front of the signer who doesn’t have the capacity and capability to sign, you have to stop the signing. Isn’t it notary public 101?
