Hospice Notarization in Arizona: What Notaries Should Know

Hospice Notarization Requires Extra Care

When a hospice patient needs documents notarized, the situation can be sensitive and sometimes time-critical. Patients may be seriously ill, fatigued, taking medications, or experiencing difficulty communicating. At the same time, important documents such as powers of attorney, trusts, affidavits, and advance directives may need to be signed.

Being in hospice does not automatically mean a person cannot sign documents. The notary's responsibility is to determine whether the signer appears to understand the transaction and is signing willingly.

Confirm the Signer's Understanding

Before completing the notarization, the notary should communicate directly with the signer and make sure they appear to understand what they are doing.

A notary is not a doctor and does not make a medical determination of mental capacity. However, if the signer appears confused, cannot communicate their willingness to sign, or does not appear to understand the transaction, the notary may need to decline the notarization.

A Signature Does Not Always Have to Be a Traditional Signature

In Arizona, a signer does not necessarily have to provide a traditional handwritten signature. An “X” mark or thumbprint may be accepted as the signer’s signature or subscription for a notarization. Arizona's Notary Public Reference Manual states that a notary may notarize a thumbprint or an “X” mark as a signature, even when the signer is able to write.

This can be especially helpful during hospice, hospital, or bedside notarizations when a signer has difficulty holding a pen or writing their full name.

A mark or thumbprint does not eliminate the normal requirements of a notarization. The notary must still properly identify the signer and determine that the signer appears to understand the transaction and is acting willingly.

If a signer is physically unable to sign or make a mark, a different procedure may apply. The notary should follow the current Arizona requirements rather than simply signing on the person's behalf.

Watch for Undue Influence

Hospice signings may involve family members, caregivers, or other individuals assisting the patient. While assistance may be completely appropriate, a notary should be alert to signs of pressure or influence.

For example, the notary should be cautious if someone else is answering questions for the signer, telling the signer what to say, or pressuring them to sign.

When appropriate, speaking privately with the signer can help the notary confirm that the signer is acting voluntarily.

Stay Within Your Role as a Notary

Notaries should not explain the legal meaning or consequences of documents.

This is particularly important with:

• Powers of attorney

• Wills

• Trusts

• Advance directives

• Health-care documents

• Estate-planning documents

A notary can explain the notarial act being performed, but questions about what a document means or what legal rights it creates should be directed to an attorney or other qualified professional.

Powers of Attorney Require Special Attention

A power of attorney can give another person significant authority to act on the signer's behalf. Because of this, these documents deserve particular care.

Arizona has specific requirements for certain health-care powers of attorney. Notaries should review the current requirements before performing the notarization and should not assume that every document follows the same rules.

Don't Let Urgency Override Proper Procedure

Hospice situations can be urgent. Family members may explain that a document needs to be signed immediately.

A compassionate notary can work efficiently while still following proper procedures. The notary must continue to verify identity, confirm willingness, follow the requirements for the particular notarial act, and determine whether the signer appears to understand the transaction.

When a Notary Should Decline

There are times when the most appropriate action is to decline the notarization.

If the signer cannot communicate a willingness to sign, does not appear to understand the transaction, or appears to be under pressure, the notary should not proceed.

The decision should be based on what the notary observes—not simply because the person is elderly, seriously ill, receiving hospice care, or taking medication.

Providing Compassionate Notary Service

Hospice notarizations require patience, professionalism, and compassion. A notary's role is to provide an impartial notarial service while ensuring that the requirements of the notarization are met.

Taking a few extra minutes to communicate directly with the signer and carefully observe the signing can help protect the signer, their family, and the integrity of the notarization.

If you or a loved one needs mobile notary services for a hospice, hospital, home, or care facility signing, contact a qualified Arizona notary to discuss your needs and location.

This article is for general informational purposes and is not legal or medical advice. Notaries do not determine medical or legal capacity. When questions arise about a document's legal meaning or a signer's legal capacity, consult an appropriate attorney or qualified professional. Arizona notaries should refer to the current Arizona Notary Public Reference Manual and applicable Arizona statutes for the most up-to-date requirements.