Notarization for an Elder Signer in a Hospital

by Jamie Johns, President, Notary Access Association, LLC

This might seem like a simple topic but it can be quite complicated and a legal problem if not handled properly. Consider a situation from my personal experience:

I received a job order to meet at a hospital to notarize a document signature for a patient, in which I was to meet the daughter of the mother(patient). Upon arrival, I found that the mother (patient) was in a quarantined area and heavily medicated, with family members near her bedside. Before entering the room, I was greeted by another daughter who wanted to speak to me in private before entering the room. She indicated that her mother was very coherent and aware of the fact that her signature to a “Quitclaim Deed” giving the daughter whom I was sitting with rights on the title property and taking the other daughter (who was at the bedside) off of the title property. She also indicated to me that although her mother was medicated, she was coherent but would need her to hold her hand and help her sign the document. She also asked that I wait until her family members left to perform the notarization. Did I perform the notarization? NO!

Let’s assess this situation and see why I did not perform the notarization:

  1. The Patient (Mother) did not appear to be coherent in my assessment because she was medicated and the hospital nurse allowed me to question the patient at the door. In my screening, I was able to determine that the mother had no knowledge of the notarization transaction. The signer must be aware of the significance of the transaction, willing to sign it and she was unable to answer questions to my satisfaction.
  2. The family members sitting bedside had no knowledge of the notarization transaction, so it appeared to be a secretive transaction.
  3. The signer’s hand cannot be guided in the signature process.
  4. Although a Notary does not prepare or draft documents, I was aware of the purpose of the Quitclaim Deed and knew the seriousness of it. Even if I was not aware of the document, the 3 reasons above alone were convincing proof to not notarize the document signature.

Now what did I say to the client:

“I can appreciate the fact that you are trying to handle this for your mother given her health condition and I know that you will appreciate my respect of the situation. I see that this is not a good time because your mother is medicated and I need her to be aware, coherent and willing to sign the document, as well as respond to the oath that I will have to issue her. Regarding the assistance with holding her hand to sign, that cannot be allowed which is for your, her and my protection. I will have to collect the travel fee as agreed but not the notarization since we both feel that this is not the best time.”

What did the Client do:

She thanked me for respecting the situation, paid my travel fee asked me if I’d come back early in the morning when her family members were gone. My final reply, “You can call me at my toll free number at any time.” Did she call me back? NO.

My goal was to be respectful, direct, firm but diplomatic with her for the following reasons: to collect my travel fee and to explain clearly what I can and cannot do as a Notary with minimal complications. Understand that I have a toll free pager which if she decided to call me she would have to either leave a voice message or page and I have the option to respond or not. I had no intentions of notarizing this document because the document signer did not meet the qualifications in the screening process.

In notarizing signatures for Elder Signers here are some things to keep in mind:

  1. The signer must be aware of the significance of the transaction.
  2. The signer must be willing to sign the document.
  3. You can ask questions to determine the signer’s coherence and willingness to sign the document.
  4. Make sure the signer is not heavily medicated whereby that interferes with his/her coherence.
  5. Make sure the signer is not being forced to sign the document. One way to do this is by speaking to the signer alone and asking specific questions regarding their willingness to sign.
  6. If the document has Jurat wording, do not forget to issue the Oath or Affirmation because without the verbal ceremony the notarization is invalid and can be contested in court. It is a good idea to write in the note or additional comment section of your Notary Public Journal “issued oath or affirmation” to show that you conscientiously remember to perform verbal ceremonies.
  7. It is also a good idea to get a right thumbprint of the document signer in your Notary Public Journal for additional positive identification.
  8. Always make a complete notary journal entry for every signature notarized.

Conclusion: Make sure you always consult your State’s notary public guidelines and follow the law.

©Copyright Jamie Johns. All rights reserved. Jamie Johns founded the Notary Access Association in 1999 and dedicated herself to offering group and personalized Notary Public, Certification Loan Signing Agent Training. She was recognized by the National Notary Association as National Notary of the Year for 2004. Jamie served on the National Advisory Council for GoGetNotary.com from 2004 to 2006. To learn more about Jamie, visit NotaryAccess.org or GoGetNotary.com/Get/JamieJohns.