Hospital Signing

What you need to know about having receiving notarial service in a healthcare setting and how that may differ from other non-hospital notary appointments.

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It is very common for someone who is currently in the hospital or living in a nursing facility to require the services of a notary public. Some of the more common documents needing notarization for these clients are powers of attorney, affidavits for last wills & testaments, living wills or advance directives, quitclaims, and title transfers. Because this is such a common need, many hospitals and nursing facilities either have a notary on staff or have a list of preferred notaries they can call.

Before asking for the services of any mobile notary in a healthcare facility, you should always check with the staff at your facility to see if they have someone available on-site. They also may have rules about outside persons being allowed into the facility and may have specific notaries they use who have already been cleared to provide service on-site.

When it comes to hospital signings, the procedure is very similar to any other notarial appointment. However, because one of my primary obligations as a notary public is to ensure that the person signing is of sound mind and signing of their own free will, there are some special conditions that must be met for me to agree to perform a notarial act at a hospital or nursing facility.

1

Is the signer of sound mind?

The signer (usually a patient), must be of sound mind. Before beginning the notarization act, I will engage in conversation with the signer to help determine their lucidity.

Some of this conversation will include asking their name, asking about their day or week, asking what they had to eat that day, asking them about their favorite songs or movies, asking them to name family members, and asking about the current date and year.

I will also ask the nursing staff, with signer’s permission when appropriate, for their opinion as to whether or not the patient is capable of comprehension.

2

Is the signer under the influence?

A signer cannot be under the influence of any medication that affects their ability to comprehend the documents they are signing, their implications, or their right to refuse to sign. It is up to the signer, and to some degree their family, to coordinate with the medical staff whether medication should be administered within a specific period prior to the notarial appointment.

I cannot suggest nor direct you or the nursing staff to withhold medication, but I also can not ethically or legally notarize a document signed by someone who is currently under the influences of medications such as strong pain killers or other mind or mood-altering medications.

3

Is the signer suffering undue pressure?

I may ask family members to leave the room for a brief moment before beginning the notarial act. This is to ensure that the signer feels safe to disclose to me any pressure, coercion, or stress they feel is being placed upon them to sign a specific document. During this private conversation, I will ask directly whether anyone has pressured the signer to sign this document and whether they truly understand the document they are signing.

If at any time I believe that the signer is not acting totally of his or her own free will, I will end the proceedings*.

4

Is the signer capable of making their mark?

A signer must be able to sign his/her own name. The use of an ergonomic pen (provided by you or the medical staff) may help accomplish this action. Every attempt should be made to ensure a signer is able to sign his or her own name. You may find having the signer practice this in advance of the notary appointment would prove beneficial. Sometimes, this can even be incorporated into a patient’s rehabilitative physical therapy.

If a signer is absolutely unable to sign his or her own name, please inform me of this ahead of time as additional provisions need to be made. If I am unaware of the person’s inability to sign his or her own name and they are then unable to, I will not be prepared and will have to terminate the notary appointment*.

5

Is the signer able to prove their identity?

It is important that you understand I cannot perform a notarial act without properly identifying a signer. A hospital admission bracelet will not satisfy the identification protocol.

As often times a patient’s valuables, including identification, are not kept with them, the signer must make arrangements to have proper identification at the time of the signing. In some cases, a patient may need to request their valuables from hospital staff or their wallet may be in the possession of family members who are not present.

Some patients of long-term care facility have not had state issued ID for many years. For those who reside in a “nursing home” as defined in § 32.1-123, the Code of Virginia (§ 47.1-2) allows the use of an expired passport or state-issued drivers license or photo identification card, provided that the document expired within the last 5 years. If this is not an option, the signer will need to prove their identity through alternative means

Please be certain you are able to satisfactorily provide identification before scheduling an appointment. A list of acceptable forms of identification can be found under “Notary Services” at the top of this website. If a signer does not have any legally acceptable forms of identification, let me know in advance so that I can inform you of the additional steps needed to satisfy the legal identity verification process.

Although a notary is neither a doctor nor a lawyer, we must still be satisfied with not just the identity of the person signing but also their mental capacity. A notary may refuse to notarize a document for any reason, not the least of which is the notary’s belief that the signer is not capable of understanding the document or the reasons/implications for signing said document. The ultimate decision whether or not to notarize a document always falls upon the notary performing the service. There is no room for debate in this regard.

* Please note that in the event I must terminate the notary proceedings, any travel fees are still due and are non-refundable.