Bedside Notary: What Happens When a Hospital Patient Needs to Sign
Advance directives and powers of attorney signed at a bedside. What a notary checks, the capacity rule that stops a signing, and how to prepare so it goes quickly.
These calls come at the worst time. Someone is admitted, a procedure is scheduled, and a power of attorney or advance health care directive has to be in place before it happens. Here's what to expect so the visit isn't wasted.
The capacity rule, first
A notary cannot notarize for someone who can't understand what they're signing. Not "shouldn't", cannot. It applies no matter how urgent the situation is, no matter how much the family agrees, and no matter who is asking.
The signer must be:
- Conscious and alert, not sedated to the point of confusion
- Aware of what the document is, in general terms
- Signing willingly, without pressure from anyone in the room
- Able to communicate directly with the notary. A family member cannot interpret or answer for them
A notary who signs around any of these is handing you a document that can be challenged later, at exactly the moment it matters most. If the answer at the bedside is no, you want to hear it honestly.
The identification problem
Hospital patients frequently don't have their wallet. A current government-issued photo ID is the normal requirement, and an expired license is a problem.
California does provide for identification by two credible witnesses who personally know the signer, under specific conditions. But that has to be set up in advance, because it requires the right people to be physically present. Mention the ID situation when you call, not when the notary arrives.
Documents that get signed at a bedside
- Advance health care directive
- Durable power of attorney for finances
- Health care power of attorney
- Living trust and trust amendments
- Grant deed transferring property into a trust
- Beneficiary designations and affidavits
Note that a California will doesn't require notarization to be valid, it requires witnesses. What often gets notarized is the self-proving affidavit attached to it. If someone told you the will needs a notary, check what they actually meant.
Witnesses
Some documents. Advance health care directives in particular. Require witnesses in addition to, or instead of, notarization. Hospital staff often cannot serve as witnesses, and there are restrictions on who can (people who stand to inherit, for instance, are usually excluded).
Work out how many witnesses the document requires and who they'll be before the visit. A notary cannot serve as both a witness and the notary on the same document.
How to make it go quickly
- Finish the document. Every blank filled in except signatures.
- Find the ID. Someone can usually bring it from home. Start early.
- Line up witnesses if the document needs them.
- Pick a good window. Patients are usually most alert in the morning, before medication rounds and procedures.
- Tell the nursing staff a notary is coming and when. They can often help with timing and privacy.
Call rather than fill out a form
If there's a procedure scheduled, this is a phone call. I serve hospitals, hospice, skilled nursing, assisted living, and memory care throughout Orange County and nearby Los Angeles County, often same-day, and after hours by appointment when the situation genuinely calls for it.
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