Posted by LarryTN on 9/24/05 10:28am
Msg #67106

POA

I have an aquaintence who has asked me if I could notarize a POA for her husband's father (who is in the hospital and on life support). I told her she needed to talk to a lawyer, because there are extenuating cirmcustances (such as other siblings to consider). I've been told that she and her husband can obtain a blank POA from any office supply, and that all they would need do is to fill it out and have it notarized! I don't feel comfortable notarizing a POA with the patient on life support and unable to express his desires!
Can someone direct me on this? I live in TN and have not looked up the laws specific to this matter. TIA

Reply by B__CA on 9/24/05 3:12pm
Msg #67156

He maybe on life support, but he may also be in total control of his faculities and this is what he wants done, but is not able to arrange it at this time. You have the ability to converse with him privately to determine that. I always go when I am called as the hospital is only 2 miles away. I don't always notarize the request becasue of the patient's abilities. You may also want to check with the hospital's Omsbudsman to see if is O.K. to notarize the POA. In certain sections of the hospital near me I can not notarize a POA. Good Luck!

Reply by PAW_Fl on 9/24/05 3:40pm
Msg #67161

>>> In certain sections of the hospital near me I can not notarize a POA. <<<

I don't understand why there would be some sections that wouldn't allow you to notarize a patients documents, POA or otherwise. I can understand it if the patient isn't in a condition to execute the document, but what has that got to do with a section of the hospital? I'm sure I'm just not understanding what you mean, so please clarify. (BTW, the Ombudsman does not make the decision whether or not a patient's POA can be notarized. That's your decision.)

Reply by LarryTN on 9/25/05 3:16pm
Msg #67252

the man is on a respirator...how could I possibly converse with him??? Ask him a question and ask that he nod yes or no??
Thanks

Reply by PAW_Fl on 9/25/05 6:58pm
Msg #67273

How would you "converse" with a blind person? How would you "converse" with a deaf person? Of course they are rhetorical questions that are offered to spark a thought process. You need to think about the situation and possibly be somewhat creative.

Being on a respirator does not necessarily mean the person is incapacitated such that they cannot not talk, or write, or otherwise communicate. As a notary public, you need to be creative and compassionate in affording your services to all who need/request it.