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Esteemed Contributor
Posts: 5,616
Registered: ‎10-01-2014

Re: A question for notary publics a

@KathyPet, please know that many of us on the forums have been where you are and you have our collective empathy. You are strong and capable and will deal perfectly with anything that arises in the course of your dear hubby's treatment plan.

 

When my (late) hubby went into the hospital the first time for chemo for 40 days, there was a Social Worker assigned to help us navigate the territory neither of us had been. She really saved us a couple of times. I am certain there is someone in the hospital or clinic who is a Notary Public who would be more than happy to help you with this issue. And I'm also certain it won't be the first time they've had it arise. Wishing you both the best. Prayerfully.

No act of kindness, no matter how small, is ever wasted. - Aesop
Trusted Contributor
Posts: 1,867
Registered: ‎03-10-2010

Re: A question for notary publics a

So sorry for what you are going through.

 

Since your daughter works for a law firm, can she bring one of the notaries from the firm with her, who will wait until your DH is up to signing?

 

Perhaps the requirements for notaries change from jurisdiction to jurisdiction.  Where I am from, I need to identify the signer, confirm that he has reviewed and understands the contents of the document (although this does not mean reviewing it with him word for word); confirm that the document expresses his wishes; and that he is asking me of his own volition to witness his signature.  Depending upon the document, such as a will or separation agreement, there may be specific questions asked. 

 

When my father was ill, a friend (who was a notary) came to the house and went though this with my father.  He was able to nod and state yes (in response to her question) confirm that he wanted me to handle his affairs.

Do the math.
Respected Contributor
Posts: 3,958
Registered: ‎09-28-2010

Re: A question for notary publics a

Our local hospital has someone on staff who provides notary services.  Since you stated where your husband is hospitalized, I checked and UVA Medical Center's website identify people on staff in the medical center who are notaries.

 

Esteemed Contributor
Posts: 5,660
Registered: ‎03-09-2010

Re: A question for notary publics a

fIrst, thanks for all your good wishes.  My daughter sent me a copy of the VA handbook and guidelines for notaries and it says nothing about needing to confirm that the signer is aware and understands what they are signing.  The notary is simply there to certify that the individual signed in front of them and that they are the person whose signature has been notarized.  For some reason UVA Medical only provides notary service if the patient lives out of state.   I have no idea why they have that rule.  The hospital social worker gave me a list of local notaries who will come to the hospital to perform this function.  I will call people on the list and hopefully get someone who can come and take care of this.  That will be a weight of my shoulders.  Because of the effects of the brain tumor on his brain stem my husband currently can only go from his hospital bed to a chair and back again so we cannot take him to a notary.  tHe notary has to come to us.  My daughter works in a law firm in Leesburg and we are at UVA in Charlottesville which is about 2.5 hours drive time from Leesburg so asking a notary at her law firm to come here is not feasible.

Trusted Contributor
Posts: 1,326
Registered: ‎03-09-2010

Re: A question for notary publics a

Google mobile notary in Charlottsville, Va.  There are several.  Here's one

 

http://teresartamrat.wix.com/orangecountynotary

Respected Contributor
Posts: 2,680
Registered: ‎03-09-2010

Re: A question for notary publics a


@KathyPet wrote:

If I cannot get a notary to do the service then I will have to get a court order declaring my husband incompetent and get a court order giving me POA.  I would prefer not to do that unless absolutely necessary.

I do have his driver's license with his photo as ID


The notary is not there to assess your husband's mental competency. The notary is there to confirm that your husband is who he says he is, period. The driver's license is checked, thumbprint taken, end of the process.

 

My FIL signed a legal document with a notary when all he could do was give a horrible imitation of his signature. Notary didn't care, all he did was make sure the driver's license was current, the photo matched.

Respected Contributor
Posts: 2,680
Registered: ‎03-09-2010

Re: A question for notary publics a


@151949 wrote:

Aren't you going to need witnesses as well as the notary? I believe they will have a doctor ask him some questions to verify he is competent,and if he is not, then you need to go to court.


 

No to the above. No witnesses are necessary when there is a notary involved. I had my mom's POA, signed by her lawyer, her and two witnesses. No notary involvement.

 

A friend's mom recently had to sign a POA for a specific transaction. She's in a nursing home. No doctor was there asking her questions, the notary asked no questions. Just verified her ID and did what needed to be done- Definitely no witnesses were involved.

Trusted Contributor
Posts: 1,867
Registered: ‎03-10-2010

Re: A question for notary publics a


@KathyPet wrote:

fIrst, thanks for all your good wishes.  My daughter sent me a copy of the VA handbook and guidelines for notaries and it says nothing about needing to confirm that the signer is aware and understands what they are signing.  The notary is simply there to certify that the individual signed in front of them and that they are the person whose signature has been notarized.  For some reason UVA Medical only provides notary service if the patient lives out of state.   I have no idea why they have that rule.  The hospital social worker gave me a list of local notaries who will come to the hospital to perform this function.  I will call people on the list and hopefully get someone who can come and take care of this.  That will be a weight of my shoulders.  Because of the effects of the brain tumor on his brain stem my husband currently can only go from his hospital bed to a chair and back again so we cannot take him to a notary.  tHe notary has to come to us.  My daughter works in a law firm in Leesburg and we are at UVA in Charlottesville which is about 2.5 hours drive time from Leesburg so asking a notary at her law firm to come here is not feasible.


I found the handbook online.  It did not look very strict, it seemed mostly concerned about getting proof of the identity.  The signiture not being the same should not matter at all:  many people signing such documents are not in good health and their signiture looks different than it usually would.  Best of luck to you in this difficult time. 

Do the math.
Trusted Contributor
Posts: 1,326
Registered: ‎03-09-2010

Re: A question for notary publics a

I've always had documents notorized at my bank.  Never had to have a finger print taken.  Just had to show them my drivers license.  After all, it's not a criminal background check.  They're just looking for proof you are who you say you are.   The OPs lawyer knew exactly what he was talking about.

Honored Contributor
Posts: 8,420
Registered: ‎03-09-2010

Re: A question for notary publics a

KathyPet, I can offer no advice about a notary.  Just know, you and your husband are in my thoughts.  Based on your posts over these many years, you seem like a strong lady.  While your husband will be fighting his disease, it will be your fight to keep everything together.  Take care of yourself as well as husband.