The call usually comes from an adult child. A parent has been admitted, the family needs a power of attorney or health care proxy signed, and nobody can take the patient to a bank. A mobile notary can come to the bedside. Whether the signing happens depends on four things, and it is better to know them before you book.
1. The signer has to be alert and willing
A notary must be satisfied that the person signing understands they are signing a document and is doing it by choice. That means the signer needs to be awake, able to communicate directly with the notary, and not heavily sedated.
The notary will speak to the patient, not to the family. If the patient cannot respond or seems confused about what is happening, a responsible notary will not proceed. That is not the notary being difficult. A document signed by someone who did not understand it can be thrown out later, and it is exactly the situation notaries exist to prevent.
What helps: ask the nurse when your family member is usually most alert, and schedule for that window.
2. The signer needs acceptable ID
A hospital wristband is not identification. The notary needs current government-issued photo ID. Wallets often go home with a relative on admission, so find the ID before the appointment.
If there is no current ID at all, say so when you call. There may be a way forward, but it has to be worked out in advance.
3. The document has to be ready
A notary cannot draft a power of attorney, choose a form, or advise you which document your family needs. Have the document prepared by an attorney and bring it complete and unsigned. Many elder law attorneys can prepare one quickly when a client is hospitalized.
4. Witnesses have to be lined up
A New York power of attorney needs two disinterested witnesses, and the notary can be one. A health care proxy needs two adult witnesses, and the person named as agent cannot be one of them. Family members who are named in the documents generally cannot witness them.
Do not count on hospital staff. Many facilities do not allow employees to witness patient documents. Bring a neighbor, a friend, or a relative who is not named in the paperwork.
Also check with the facility
- Visiting hours and any visitor registration rules
- Whether the unit has restrictions on outside visitors
- Whether a social worker or patient advocate should be told about the signing
If it cannot wait
Call or text (845) 237-4645 and tell me the facility, the document, and how the patient is doing today. I will tell you plainly whether the signing is likely to work and what to have ready. See mobile notary services and New York power of attorney signing requirements.
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