Posted by jjCA on 6/29/05 1:31pm
Msg #48810

living will

Recently while signing loan docs a couple ask me if I can notarize a living will. Since I have never done one before and it is pertaining to a will (which I am not authorized to do in CA) I told them they would have to go through an attorney or get permission from an attorney first.

Was I correct in what I told them?

Reply by Stephanie_CA on 6/29/05 3:37pm
Msg #48839

A living Will has to do with the health wishes of an individual. Similar to an Advance Health Care Directive.
I think it is ok to notarize this document since it is not a will, but rather a health care directive.

Reply by Stephanie_CA on 6/29/05 3:38pm
Msg #48840

Re: living will...correction...health care wishes n/m

Reply by SamIam_CA on 6/29/05 6:16pm
Msg #48874

Re: living will...

Regarding notarizing 'regular' wills - it is not prohibited completely. The paragraph below is from the CA SOS handbook...

The California State Bar advises that when a notary public is asked to notarize a document
which purports to be a will, the notary public should decline and advise the person requesting
the notarization to consult a member of the California State Bar. If an attorney recommends
that the document be notarized, a notary public may do so.

But as Stephanie said, a living will is different from a last will and testament type of document and we can notarize them. It should already have an acknowledgment or jurat certificate on the paperwork.

Reply by Ernest_CT on 6/29/05 9:31pm
Msg #48908

Re: living will...

A lot of notaries in CT get concerned when asked to notarize a Living Will. I talked directly to the CT SoS's Office and I have no concerns whatsoever about notarizing them. I am much more cautious about Last Wills and Testaments, however.