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Can I notarize for a signer who is in a coma?

I reside in California. I have a client who has a power of attorney that needs to be signed; however, that person is unable to sign due to being in a coma. How am I able to notarize a POA with the person being in a coma?A.S., California

Since you must have direct communication with your signer to ascertain their willingness and awareness of what they are signing, it is not possible to notarize the signature of a person who is in a coma. The signer’s family or involved parties should obtain legal advice regarding what other options may be available.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline consultants to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

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Michael R Weinstein

03 Oct 2022

A person who is in a coma cannot sign a Power of Attorney. A family member, if willing, can petition the court to be appointed as a conservator of the estate and obtain financial control of the finances of the person who is in the coma. Consult an attorney for more information. Michael R. Weinstein, Law Office of Michael R. Weinstein.

12 Oct 2022


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