I have been asked to notarize a Statutory POA & Advance Healthcare Directive for a person who is wheelchair bound and non-communicative. He has a California ID and is 20 years old. Is this possible for me to do? Do I need to have witnesses that are not related to this young man? I really want to help, but I am not sure if I can proceed.
How/why is he “non-communicative”…
I don’t know what his diagnosis is, however, his mother states that he cannot move, speak or sign on his own. It is a life long disability.
Awww…so sad; honestly I don’t think there’s anything you can do for him; they need court intervention and a guardianship established (from reading posts by other very knowledgeable CA notaries). If he can’t speak to you to confirm his intentions, and he can’t sign on his own, what can you notarize?? Are you, in CA, allowed to do a signature by proxy where he appoints someone to sign for them (most times the notary). We can do that here but it’s a tricky process.
Honestly, I’d refer them to an attorney for a guardianship - if it’s a life-long disability they’re going to need things done right.
I keep coming back to the fact that he in non-communicative. Any kind of proxy would require that he give permission to someone. If he can’t give any response, how do I verify that he is giving any type of authorization? Signing of his own free will? I have a call into the State to see if there are any options.
That’s why I think they need a guardianship - those are, at least, backed up by medical reports and such - and since it’s life-long it should be a slam dunk
Thank you for your help!