Hospital and Nursing Home Signings Can Be Stressful. They Don’t Have To Be.
38% of Hospital and Nursing Home notarizations cannot be completed, but the travel fee is still due. Here’s why they typically can’t be completed and what you can do to insure a successful signing:
1. Signer does not have an ID
All signers, even witnesses if needed, must have a VALID (unexpired) GOVERNMENT ISSUED *PHOTO* ID such as a driver’s license, passport, military ID, etc. Pictures or copies are not acceptable. The entire purpose of notarization is to prevent fraud. Pictures and copies can be altered. A notary cannot use a picture or copy of an ID.
If the signer does not have ID we can use two people who are not related to the signer and do not benefit in ANY way from having the document signed. They will have their ID recorded and will sign the notary journal indicating that they have known the signer for a significant period of time and affirm under oath that the signer hold the identity they claim.
2. Signer physically cannot sign, doesn’t understand or know what they are signing, or is not in a sufficient mental state to sign. (Also, we cannot notarize for someone who is in a coma or unconscious. Yes, we’ve been asked to do this)
The person signing must be awake, aware, mentally clear and not on any strong medications that alter their understanding of what they are signing. A signer with dementia, under any drug (legal or otherwise) influence, or any other condition that alters their ability to understand what they are signing will not be able to have their document notarized.
The patient must be able to indicate to the notary that they know and understand what they are signing. The notary is NOT an attorney and legally can not explain the document to the signer. Make sure the signer understands what they are signing. They also must sign of their own free will. You cannot force them to sign or just say “just sign it!” The notary will refuse to notarize if the patient cannot explain in simple terms what they are signing or if they show any signs of confusion or duress (forcing the person to sign).
If the patient has a hard time seeing or writing, have them practice signing their name BEFORE you make the appointment. This is the number two reason signings don’t take place. The signer must be able to reasonably sign their name without any help from anyone. The signature doesn’t have to be pretty or perfect, but it must be signed by hand by the signer. If this is an issue, don’t make the appointment. Consult an attorney for your options.
3. Document requires witnesses, no one available to witness
We have not memorized every document ever created and do not know if your particular document needs witnesses. It is easy to determine if your document needs witnesses: READ YOUR DOCUMENT. If it has spaces for witnesses to sign, that’s your clue that the document might require witnesses.
We cannot provide witnesses. It is a conflict of interest.
Nursing Homes and Hospitals DO NOT ALLOW THEIR STAFF TO WITNESS. Don’t rely on nurses or staff to act as witnesses. You will have to provide your own witnesses who are not related to the signer, not named in the document, and do not benefit in any way from having the document signed.
Witnesses need to be present when the notary arrives. If the notary must wait more than 15 minutes, a $15 waiting fee will be charged per quarter hour.
4. Documents are not filled out before notary arrives (This is a big one!)
The notary DOES NOT NEED TO WATCH THE SIGNER FILL OUT PAPERWORK! We only need to witness the signing of the document.
Have your paperwork filled out completely (except for the signatures) before the notary arrives, otherwise a waiting fee of $15 per quarter hour may be charged.
This means all blanks must be filled in, initials, etc. The document must be ready to sign when the notary arrives. You are not hiring the notary for the entire day. Notary appointments are made with the assumption that the typical 1 to 3 stamp signing should take 10-15 minutes maximum once on site.
5. Patient is not present- Out of the room for therapy, tests, meals, etc.
If the patient is out of the room for tests, therapy, doctor consultations, meals, etc, a waiting fee may be charged or the notary may have to cancel the appointment if they have another client to attend. The travel fee will be due. This is usually easily avoided:
Tell the hospital staff (preferably the charge nurse) that the patient will be signing legal documents at the scheduled time. They will typically work around that time. Let the hospital staff know that the patient cannot be on any sedating or mind altering medications during the signing. Starting a morphine drip 10 minutes before the notary appointment is generally not a good idea.
Why Do You Charge Waiting Fees?
Waiting Fees are common in the mobile notary industry. When you call to schedule an appointment we tell all clients to have proper ID, documents filled out, go over witness requirements and ask basic questions about the signer so we can make sure the client is aware of their obligations before the notary arrives. We let our clients know how to be prepared before we even schedule the appointment.
Some clients assume they are hiring the notary for the entire day. No one can live on $40 a day and run a business. The notary usually has several appointments each day and we typically schedule appointments assuming 10-15 minutes on site plus travel time for 1-3 documents. If you are just pulling a 20 page document out for the first time when the notary arrives and need 30 minutes to fill it out, we either need to reschedule with the travel fee due or charge for the additional time. The notary still spent time driving to and from the appointment and needs to be compensated for their efforts.