Notarization of Medical, Rehabilitation, and Retirement Facilities

When patients require notarization, they must present valid identification, ensure the document is fully completed, and understand what they are signing while doing so willingly and without any pressure. The following list contains important information to help you best assist those in your care.

1. Identification

1. ID Cards: The signer must present a valid, government-issued identification card such as a driver’s license, state ID, passport, or military ID.

2. Credible Witness(es):

   • A credible witness or two credible witnesses can be used if the signer does not have an ID.

   • A credible witness is a person who knows both the signer and the notary or two persons identified by the notary using ID cards.

   • The notary will document this identification process in a journal if one is maintained and may require an affidavit statement in some states, such as Florida.

3. Florida Law: Under Section 117.05(5)(b), Florida Statutes, satisfactory evidence means the absence of any information that would lead a reasonable person to believe the signer is not who they claim to be. Identification can be established by:

   • The sworn written statement of one credible witness personally known to the notary public.

   • The sworn written statement of two credible witnesses who present a valid ID and confirm that:

     • The signer is named in the document.

     • The signer is personally known to the witnesses.

     • It would be difficult or impossible for the signer to obtain another form of identification.

     • The signer does not possess any valid identification documents specified under Florida law.

     • The witnesses have no financial interest in the transaction.

2. Document

• Signer's Responsibility: The signer or their family must obtain or create the document. Notaries do not provide legal documents.

• Common Types of Documents: Advance Healthcare Directives (AHCD), Power of Attorney, Wills, and medical consent forms.

• Completion: The document must be fully completed before notarization. The notary will check for completeness but not for accuracy or legal validity.

  
  

3.  Signature

Accommodations:

• Some patients may have physical limitations that prevent them from signing a traditional signature. State laws dictate acceptable accommodations, including signing by mark, using a Proxy, or other assisted signing methods.

• If a signer cannot physically sign but is conscious and aware, they may make a mark (such as an “X”) or provide a fingerprint, depending on state law.

• Florida Law: A notary public may notarize the signature of a person who signs with a mark if:

  • Two disinterested persons witness the document signing.

  • The notary prints the person’s first name at the beginning of the signature line and the last name at the end.

  • The notary prints “his (or her) mark” below the signature mark.

  • The following notarial certificate is sufficient for an oath or affirmation when someone signs with a mark.

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4.  Witnesses

• Signer's Responsibility: The signer must arrange for any required witnesses.

• Witness Requirements:

  • Some legal documents require witnesses in addition to notarization, and witnesses must be impartial.

  • Witnesses should not be family members, beneficiaries, or anyone who could have a conflict of interest.

• Facility Restrictions:

  • Many medical, rehabilitation, and retirement facilities prohibit staff from serving as witnesses. In such cases, extra visitors may need to be arranged.

5.  Awareness

   • Mental Capacity: The signer must be alert, aware, and able to communicate their understanding of the document’s purpose.

   • Legal Considerations:

     • The signer must not be under conservatorship or have medical orders restricting their ability to sign legal documents.

     • If the notary observes signs of confusion, inability to communicate, or reluctance to sign, the notarization may be declined, even without an official medical order.

       
       

Ensuring these elements are in place allows for a smooth notarization process while protecting the signer’s legal rights. Always check your state’s specific regulations for additional requirements when notarizing medical, rehabilitation, and retirement facility documents.

If you need reliable, professional medical, rehabilitation, and retirement facilities notarization, Rey Ethan Mobile Notary Services is here to help!