You get a call. A family needs a Power of Attorney notarized for their mother — she’s in hospice care. You’ve never done a signing like this before. Do you take it?
If you hesitate, you’re not alone. Appointments in hospitals, skilled nursing facilities, hospice settings, and private homes are some of the most meaningful, challenging and misunderstood assignments a mobile Notary can accept. Signers in these situations can often be vulnerable to confusion due to health issues, emotional stress or issues with family or other persons involved in the situation. Unfortunately, signers in these situations are often targets of pressure by other people, or even fraud.
As the Notary, an important part of your duties is ensuring that the signer is aware and willing to participate in the notarization, and to make sure the signer isn’t being improperly influenced or tricked into participating. With the right preparation, you can walk into these appointments with confidence, serve your clients with compassion, and protect yourself and your signers in the process.
Why these notarizations are different
For purposes of this article, I define a vulnerable signer as someone whose health condition, injury, age, medication, or dependence on others may impact their ability to communicate, understand the transaction, identify themselves, or execute documents independently.
That definition matters because these appointments are not the same as a loan signing or a standard estate planning appointment. Your signer may be recovering from surgery, managing pain medication, experiencing cognitive changes, or relying heavily on family members for support. Interruptions are common. Family dynamics can be complicated. And the stakes, for the signer and for you, are real.
None of that means you should turn these appointments away, but It does mean you need to show up prepared.
How to prepare before the notarization appointment
Often, the person who contacts you is a relative or friend setting up the notarization for the signer. They may not know the answers to your questions or may be reluctant to share information that could complicate the notarization. Having a thorough intake process with a list of prepared questions before accepting the assignment will help you during the notarization and protect everyone.
Before accepting an assignment, I always ask the following questions:
“Does the signer have valid government-issued photo ID?”
If not, does your state allow alternative identification methods such as credible witnesses or personal knowledge? Know your state’s ID rules before you go.
“Are the documents prepared and ready to sign?”
Remember, Notaries don’t prepare documents. Confirming the documents are ready before you arrive prevents wasted trips and unnecessary stress.
“Can the person sign unassisted?”
If not, does your state permit a signature by mark, signature by proxy, or another approved method?
“Can the signer communicate directly with me?”
Can you and the signer communicate directly in the same language? If not, currently Arizona, Mississippi and Colorado allow interpreters; other states don’t. (Colorado only permits interpreters for hearing-impaired signers, and the interpreter must be certified with no disqualifiying interest.) Know your state’s rules. And even when you share a language with the signer, require that they answer your questions directly — not answered by a family member on their behalf.
“Is the signer alert and aware?”
It’s often hard to get a clear answer to this question. Requestors often respond with a diagnosis, but a diagnosis doesn’t always tell you whether someone can participate in a notarization. I explain exactly what I need for the notarization to proceed: someone who can tell me who they are, where they are, what they’re signing, and whether they want to sign it.
What you don’t have to do
This is very important for Notaries who are new to these appointments:
You are not responsible for determining legal capacity.
Testamentary capacity (whether someone has the legal capacity to execute a trust, will, power of attorney, or deed) is a matter to be determined by an attorney, not the Notary. Your job is to observe whether the signer understands what’s happening, communicates their wishes clearly, and follows instructions related to the notarization. That’s a meaningful but manageable standard, and it’s one you can assess with confidence.
What you should do during the notarization appointment
Once you arrive, speak directly to the signer. Not the family. Not the caregiver. The signer.
Minimize distractions where you can. Watch for signs of confusion, discomfort, or pressure from others in the room if they are present. If family members or other persons are answering every question or hovering in a way that concerns you, it’s appropriate to ask them to step outside while you complete your assessment so you can speak to the signer alone.
If the signer is naming an agent in a Power of Attorney or Advance Health Care Directive, I ask the signer to tell me the name and their relationship to the person they are naming as their agent to confirm the signer understands who they’re appointing and what that means.
If something doesn’t feel right, stop! Walking away is hard, but it’s sometimes the safest and most professional thing you can do.
Document everything you notice about the notarization appointment in your journal entry
After the appointment, write down your observations while they’re fresh. Note who was present, how the signer responded to your questions, and any circumstances that were out of the ordinary.
If the notarization is ever questioned months or years later, your notes are your protection. Write what you observed, not conclusions or diagnoses. What did you see? What did you hear? What did the signer say and do?
You’re the right Notary for this!
Vulnerable signers in hospitals, hospice settings, skilled nursing facilities, and private homes deserve the same access to notarial services as every other client. These appointments happen during some of the hardest moments of a person’s life, and a prepared, compassionate and professional Notary can make an enormous difference.
You don’t need to be fearless to take these appointments. You just need to be prepared. And now you are.
Laura Biewer is an active California Notary, National Speaker, and the bestselling author of “The Compassionate Notary: A Field Guide For Signings in Hospitals, Hospice & Homebound.” Through Laura’s Inner Circle and TNT live calls, she helps Notaries become more confident and competent at their core function of notarization for their specific state. For more information about Laura and her book, please visit www.CoachMeLaura.com.
The views and opinions expressed in this article are those of the author and do not necessarily reflect the position of the National Notary Association. Guest contributions are published to foster informed discussion on topics relevant to the Notary office, and their inclusion does not constitute an endorsement by the NNA.