Posted by Korey Humphreys on 6/11/07 9:08am
Msg #194467

Notaries working for hospital vs. Those not working for one

The other day a friend of mine had a baby and needed some documents notarized. The ID of the father had expired and one notary public working in the hospital wouldn't notarize the documents for him. I offered my services to my friend but the hospital refused saying, "you have to be a notary public working in the hospital." Strange, huh?

We walked away trying to figure out what to do. I thought about using a CW because one of the head security guards working for the hospital knew the father personally. (In Massachusetts the notary has to know one of the CW’s.) We once again went over to the notary and, yet again, she refused to notarize the documents saying that she can't use a CW.

Now the father is understandably upset. I called one of the attorneys I contract with and asked, "what law exists that says only a ‘hospital notary’ can notarize hospital related documents?" The attorney said there was none as far as he knew and advised me to mention that factor and bring up the CW aspect found in Executive Order 455 (04-04).

We went back to the notary and I mentioned that I was unaware of any laws that say that only a "hospital notary public" could notarize certain documents that a "regular notary" couldn't. I asked them to provide me with the law’s they were basing their decisions on. I went on to mention the law as stated in Exec. Order 455. I was told that hospital regulations require it. I reminded them that state law trumps their regulations.

The notary told us to hold on a moment and she went to go speak to someone. Now another notary public comes out and says, "I can notarize the documents for you. Let me see the [expired] ID."

Anyone ever have an experience like this? Why could ONLY a "hospital notary" notarize the documents?

Reply by bigdog on 6/11/07 9:17am
Msg #194470

Rather than break hospital policy, they would rather accept an expired I.D and notarize the papers. Why not use the CW and then you aren't overlooking the state laws and you have conformed with hospital policy. Go figure...

Reply by SharonMN on 6/11/07 9:27am
Msg #194472

I'm guessing that either the hospital has the policy in place to protect their notaries (are the notaries charging?) or to help make sure that notarizations on hospital docs are done correctly. There is no law that says it has to be a hospital notary, but the hospital (like any business) has the right to control what goes on in their building. Any old doctor can't just walk in and start treating a patient, either.

Reply by Korey Humphreys on 6/11/07 9:35am
Msg #194474

That makes sense, however, a notary public is supposed to act within the law regardless of where he or she works. Their employers can control their actions, but I don't see why they wouldn't allow another notary public to notarize the documents.

Bigdog was correct in pointing out that they would rather violate state law by accepting an expired ID rather then "break" hospital policy and allow another notary public to legally notarize the documents.

They could have even used the CW but failed to do so. If I were in their shoes, I'd comply with state law.

Reply by BrendaTx on 6/11/07 9:32am
Msg #194473

Korey, I think this was due to the nature of your friends' documents and that the relationship of the "transaction" (or, legal situation) to the hospital and due to the relationship of the transaction to other interested parties which required hospital notaries so that extreme control over the notarial records could be assured for a good while or forever.

Reply by BrendaTx on 6/11/07 9:45am
Msg #194478

Ugh...what a crappy run on sentence!

Becca's is better.

Reply by Becca_FL on 6/11/07 9:42am
Msg #194477

Re: Notaries working for hospital vs. Those not working for

Hi Korey,

I had the exact opposite situation at a hospital this past Saturday. The hospital notary could not notarize a document for a patient that did not have to do with patient care. I was asked to notarize a specific POA and bank signature card.

I agree with Brenda, it's a control/liability issue.

Reply by Julie/MI on 6/11/07 1:02pm
Msg #194519

maybe it's some unwritten policy that has just been the norm. kinda like they know the notary is legit because they know the notary. or if the notarization ever went to litigation, it would be easy to find the notary.













k

Reply by MelissaCT on 6/11/07 7:11pm
Msg #194589

Korey, the father's signature was likely for birth cert

which becomes public record. Could be why only "hospital notary" could be used & not just any notary.

Reply by Gerry_VT on 6/11/07 11:44pm
Msg #194631

Re: Korey, the father's signature was likely for birth cert

I have not ordered a "full" birth certificate for many years, but I don't think that everything on the original birth certificate are a public record; some parts are confidential. I could imagine a hospital not being thrilled about a non-hospital notary seeing the confidential parts, but that's a guess. To see what the Centers for Disease Control recommends to the states as a birth certificate, see http://www.cdc.gov/nchs/data/dvs/birth11-03final-ACC.pdf. I'd be surprised if all that stuff is on birth certificates that can be ordered by parents or children from states and counties.