Posted by PROPERTY MANAGEMENT New Horizon Properties on 10/18/08 10:33pm
Msg #267700

POA Health

Dear Fellow Notaries,

Im a new person to this business and I guess I should already know this but I don’t know how to find the POA doc for health. My God mother came to me asking for me to sign a doc that she would create which is similar to the POA doc for health. She needs it for a woman she is taking care of. In case something happens to the woman and she is not able to make medical decisions. My God mother is a medical assistant and knows the information that needs to be on the doc but I suggested the POA for health. Can anyone help maybe e-mail me the doc because I can not find one or the basic POA anywhere for that matter. Here it is: [e-mail address]

Also I am new to advertising as well as being business minded. I am only 19 and took the initiative to get my notary license thinking I could progress in my income. There’s a couple of issues I face. Not knowing were to go to advertise is my biggest problem. I got my license in January and I've only done a few signings mostly for friends and my employer (which doesn’t need to much of my services as a notary). A friend referred me to Craigslist but that’s about it oh and Myspace. Can anyone help me and is wiling to give me some advice?

Please contact me at: [e-mail address] if you have anyadvise or have the POA that i need. Thanks for reading.
-Mick

Reply by LKT/CA on 10/18/08 11:46pm
Msg #267701

Please use the orange search button and look up message 33325 and read that one and all the posts under it. There is a wealth of information that will answer many of your questions. Very experienced Notaries have contributed to those posts and they will definitely help you as a new Notary.

In California, we call it a commission, not a license. Power of Attorney forms can be bought at an office supply store like Staples or Office Depot. You can also get them online, just use one of the search engines like Google or Yahoo. As a Notary, never supply forms for anyone. Always guide or direct them to where they can get them on their own.

Reply by desktopfull on 10/19/08 12:39am
Msg #267704

Just curious, what do they teach you in those notary training classes in CA that you don't realize that you are commissioned by the State instead of being licensed? Due to UPL, you should be very careful about recommending any type of legal document, or providing them for anyone. I suggest that the lady your Godmother is taking care of seek legal advice and have them prepare the proper document.

This is JMO, not offering legal advise.

Reply by jba/fl on 10/19/08 5:55am
Msg #267705

I'm not even sure what it is you want, but find myself thinking of health care directive of sorts, living will, and so on. I think legal advice is probably the best way to go to define what is needed. Another problem I forsee: caretakers getting involved in someone's final days against family wishes and/or creating conflict w/family wishes. Being viwed as an interloper could put your godmother in a nightmare. There are so many things to consider that the most safe, sane and sensible way might very well be a visit to an attorney.

Good luck.

Reply by Maureen_nh on 10/19/08 6:52am
Msg #267707

I find it strange that your Godmother does not know that these documents are easily available and free from a person's doctor or hospital.

They are state by state compliant and usually appoint a close relative or friend as attorney in fact.

IMHO it is not wise or prudent for a direct caregiver to assune this capacity if that is what she has in mind.

Reply by Lee/AR on 10/19/08 7:55am
Msg #267708

Agree with Maureen_nh on all counts. n/m

Reply by Linda_H/FL on 10/19/08 11:00am
Msg #267725

IMO you've already overstepped your bounds as a notary - it is not your responsibility to provide the documents to be notarized. And you AND your godmother are treading on very thin ice as far as making these decisions are concerned. As a notary, if I were you, I'd stay as far away from this as possible. This is dangerous territory. These decisions are up to the signer and her family - not up to you as a notary or your godmother as her caretaker to decide okay, this is what she needs to sign. This statement especially concerns me: "My God mother came to me asking for me to sign a doc that she would create which is similar to the POA doc for health. She needs it for a woman she is taking care of. In case something happens to the woman and she is not able to make medical decisions. My God mother is a medical assistant and knows the information that needs to be on the doc but I suggested the POA for health" Whoa......JMHO

Reply by JanetK_CA on 10/19/08 7:41pm
Msg #267761

You've received lots of very good advice here, especially the part about how what your grandmother is asking should be handled by this person's family. And I'm guessing that she is talking about an Advance Health Care Directive, not a POA. Getting involved with a POA is waaaay over the line! Even the Health Care Directive. These documents have serious consequences to a person's life. However, if this woman has no family and your grandmother is trying to help her out, you might suggest that she search the Internet for "Advance Healthcare Directive". The forms are available online, I believe. But you should stay out of it. The California notary Handbook specifically states that "the preparation, drafting, or selection or determination of the kind of any legal document..." is considered Unauthorized Practice of Law. I believe practicing law without a license is a criminal offense.

As for advice about building a notary business, realize that it is going to take work. There are no short cuts! A first step I highly recommend is to go back to your notary handbook from the Secretary of State and carefully re-study every page. Over and over. What a new notary needs to know to pass the exam is not the same as what you need to know to properly handle the responsibilities you will face as a Notary Public. It's not just a matter of slamming a stamp on a piece of paper. There are real potential consequences in virtually every transaction if the job is done inappropriately or incorrectly.

This is no reflection against you, just a reality that every notary has to go through. But if you take the responsibility to keep studying to really learn the ropes, you will separate yourself from the masses. Also, if you decide to try to handle loan documents, that's a whole other story -- with significantly more training required and much greater potential liability. I think this step is MUCH more important than learning how to advertise. You should know what you're doing before presenting yourself to the community as a professional.

The orange search button here will be useful to get more clarity on almost any issue. (Be sure to pay attention to what state the poster belongs to, as laws are different in every state.) Also, I recommend you be careful about whose advice you heed. There are a good number of very knowledgeable people here, but there are also some who post incorrect info with great certainty! As LKT suggested, reading msg 33325 will help you a great deal with learning the trade and how to run a business -- as well as give you an idea about who and what to listen to...

Last but not least, as I finish typing this, I'm realizing that you will probably never read any of these messages, because you're expecting others to email you back so you don't have to bother to come back to this board. I hope I'm wrong!! (Please let us know if I am...) But maybe the next person to come along in your situation will learn something. [Heavy sigh!!]

Reply by PAW on 10/20/08 12:32pm
Msg #267799

AHCD and POA

An AHCD is a way to make your health care wishes known if you are unable to speak for yourself or prefer someone else to speak for you. An AHCD can serve one or both of these functions:
- Power of Attorney for Health Care (to appoint an agent)
- Instructions for Health Care (to indicate your wishes)

It's not uncommon, especially with elderly healthcare directives, that the document also contain the necessary language and functions of a POA.

You may want to visit the California Coalition for Compassionate Care website at http://www.finalchoices.org for more information.

Reply by Donna LaBelle on 10/20/08 1:08am
Msg #267771

Also, it is my understanding that an ombudsmen has to be involved for ahealth care directive or health POA. This was told to me by the director of a nursing care home.

Reply by Mamie on 10/20/08 6:16pm
Msg #267836

The ombudsman is recommended if in a convalescent or hospital, but you can contact the local ombudsman office a get a copy of an Advance Directive sent to you.