Hospital signings, commonly referenced by notaries and others, are instances where documents are executed at a hospital, rehabilitation center, nursing home, long-term care facility, or other healthcare setting. These signings present unique challenges that must be addressed in order to ensure the process is efficient, secure, and compliant with legal standards.

The primary responsibility of a notary in a hospital signing is to verify the identity of the signer and ensure the execution of the document is done willingly and with full awareness of its purpose.

1. Verification of Identity

As with any notarization, it is essential that the notary establishes the signer’s identity. In Tennessee and many other states, satisfactory evidence of identity includes:

A credible witness known to the notary who can provide an oath or affirmation to verify the signer’s identity, orA valid form of identification, such as a driver’s license, state-issued ID, passport, or military ID.

It is important to note that only these forms of ID are acceptable in Tennessee, and the signer must have one of these documents on hand to proceed with the notarization. If no valid identification is available and the notary is not personally acquainted with the signer, the signing cannot take place. Please check the state-specific regulations for other acceptable forms of identification.

2. Ensuring the Signer’s Awareness

The notary must ensure that the signer is executing the document freely, voluntarily, and with full awareness of its content and purpose. This may be challenging in situations involving medication, physical limitations, or cognitive impairments. In such cases, the notary must ensure there is no undue influence and that the signer is capable of understanding the nature of the document they are signing.

Notaries are not tasked with making medical judgments regarding mental capacity; however, they are responsible for ensuring that the signer is able to comprehend and execute the document willingly. To assess the signer’s awareness, a simple conversation can be conducted, using open-ended questions to confirm that the signer understands the document's purpose. If the notary cannot be confident in the signer’s awareness, the notarization cannot proceed.

3. Medication and Timing Considerations

If the signer has recently received medication that may impair their awareness, they may not be in a suitable state to sign the document. Additionally, if the signer is asleep when the notary arrives, extra time may be required to wake them, which could delay the process. Scheduling flexibility is important to account for these potential delays.

4. Hospital Policies and Logistics

Hospitals and healthcare facilities have specific policies regarding visitor hours, sign-in procedures, and parking, which may contribute to the overall duration of the appointment. The notary should plan to arrive early and allow additional time to accommodate these requirements.

5. Document Preparation and Witness Requirements

As a notary public, I am authorized to notarize documents but not to prepare them. Therefore, the signer must provide the completed documents ahead of time. For healthcare-related documents, such as advance directives or power of attorney forms, these can often be obtained from the hospital or from online resources such as the Tennessee Secretary of State’s website or legal document providers like LegalZoom or Nolo.com.

It is important to confirm if any witnesses are required for the signing, as the notary does not provide witnesses. If witnesses are needed, the signer will need to arrange for them in advance.

6. The Unauthorized Practice of Law

If the signer has questions about the document’s meaning, they should consult an attorney. Notaries are strictly limited to verifying the identity of the signer and witnessing the signing.

Conclusion

While hospital signings involve unique challenges, I regularly provide mobile notary services in these settings and take pride in assisting clients through the process. If you require notary services for a hospital signing, please don’t hesitate to contact me to schedule an appointment

Some common documents that often need notarization in healthcare settings include:

1. Advance Directives: These include living wills and medical powers of attorney, which outline a patient's wishes regarding medical treatment and appoint someone to make healthcare decisions on their behalf if they are unable to do so.

2. Durable Power of Attorney for Healthcare: This document designates a person to make healthcare decisions for the patient if they become incapacitated.

3. HIPAA Authorizations: These forms allow healthcare providers to share medical information with designated individuals, such as family members or caregivers.

4. Consent for Treatment: These forms provide permission for medical procedures or treatments, particularly when a patient is unable to provide consent themselves.

5. Do Not Resuscitate (DNR) Orders: These orders indicate a patient's wish not to receive CPR or advanced life support in the event of cardiac or respiratory arrest.

6. Guardianship and Conservatorship Documents: These legal documents appoint a guardian or conservator to make decisions on behalf of an incapacitated individual.

7. Affidavits and Legal Statements: Any sworn statements or affidavits that need to be submitted to legal or medical authorities.

8. Medical Release Forms: These forms authorize the release of medical records to specific individuals or organizations.

9. Trust and Estate Planning Documents: These documents include wills, trusts, and other estate planning documents that may be executed in a healthcare setting, especially for patients with serious illnesses or those in palliative care.

10. Insurance and Financial Documents: These include documents related to insurance claims, settlements, or financial arrangements for medical care.

    Notarization of these documents ensures that they are legally binding and that the identities of the signatories are verified, providing peace of mind for patients and their families.