The signer was not my client; his nieces hired me. If I remember correctly, it was a routine form that needed to be signed to direct his Social Security payments to the nursing home. Is the mobile notary the grim reaper? Shun, I’ve witnessed incredible bravery and lost count of all the healthcare power attorneys I’ve notarized in the last 27 years for dying signers.
I can’t imagine myself notarizing a dying person. It is sad and will increase my anxiety of not knowing what will happen during the signing. Speaking of that, my daughter’s tennis coach was pronounced dead and sent to the room where they keep all of the dead bodies. The guy was about to put him into the refridge hole, he woke up! Anything can happen in life.
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It’s sounds like you are correct in turning it down . The only way you can determine cognitive abilities is if you are present and observe the person yourself. I think you can make that call if you observe that the signer is unaware and refuse to continue on with the notary. My sister has been a notary and done that before . It’s ultimately is your hide if something goes wrong.
Replying anyway to this months old situation. A medical POA is the same as an Advanced Healthcare Directive in CA. I networked with an estate planning attorney and was told that when notarizing for a dementia or alzheimer patient it only matters that the signer is lucid, coherent, oriented to people/place/time, is willing and able to sign while in the presence of the Notary then the notarization is lawful. To clarify: Signer must be lucid and clear the entire time Notary is present - not just when ink pen hits paper. Before Notary arrives or when Notary leaves presence of signer, if signer is in regressed state, that’s not the Notary’s responsibility of signer’s condition outside of Notary’s presence. With that said, each Notary must decide for himself/herself what level of comfort they’re willing to take with such types of signings. I’ve notarized for signers I was told had been diagnosed with dementia or alzheimers who were perfectly lucid, clear and time/place/person oriented, knew what they were signing and why. I’ve also arrived at appointments where client was confused and couldn’t differentiate the family from the medical staff…..appt had to be halted. The form the surgeon gave the mom needs signing and a witness. If the surgeon wants it notarized, then that could be accomplished. I don’t shy away from such signings. It would be explained to daughter of my non-refundable travel fee, her mother needing clarity, lucidity, willingness & ability to sign and understanding must be present at the entire appt. If mother shows confusion and lacks orientation and understanding then appt will be halted and she will have to seek an attorney specializing in elder needs for further guidance. In my experience, these types of appts unravel, not so much because of the diagnoses but simply because the family fails to maintain the senior’s current ID. The senior stops driving, license expires and the family doesn’t have the presence of mind to replace license with a senior ID card. So now there are two problems (medical diagnoses & expired ID) instead of just one. Senior is too frail to be taken to DMV for a senior ID and now there’s that, too.
Totally agree that lack of current ID is, by far, the biggest problem with these signings. MIL living with us was sharp as a tack when out-of-state daughter ‘signed for her’ in attempt to become her ‘designated Payee’ for her SS benefit payment. She was furious…no way was daughter doing that. As she was family, had to take her to bank to notarize form changing that…and they had no doubt whatsoever that she knew what she was doing. A week later, she thought her son was her husband. They have good days and bad days until there just aren’t any more good days.
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Most general notary calls are for this type of service. In preparing for these meetings, I dress up like the Grim Reaper so the signer knows exactly why I’m there.
The term is advance healthcare directive, not “advanced.” We notaries have to at least know the proper name of the document.
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