Posted by Valarie Dye on 8/13/13 8:35pm
Msg #480381

INCAPACITY PATIENT

I have a client whom I have completed prior notaries for. Her brother has severe dementia and he is in the hospital in ICU. His doctor appointed my client, which is his sister as the "patient surrogate" and states that the patient in mentally incapacitated. The hospital is requesting an Advanced Health Care Directive. My client (the patients' sister) has cared for her brother for the last 3 years in her home. He has 2 adult children both are incarcerated. We are in California. Can she complete the Advance Health Care Directive for her brother? Also Social Security Disability sent the "Award" letter listing the sister on behalf of the brother.

Thanks in advance for the help. Never had one like this before.

Reply by anotaryinva on 8/13/13 8:45pm
Msg #480384

Is anyone asking for a notary?

Reply by LKT/CA on 8/13/13 8:47pm
Msg #480385

<<< Her brother has severe dementia and he is in the hospital in ICU. His doctor appointed my client, which is his sister as the "patient surrogate" and states that the patient in mentally incapacitated. Can she complete the Advance Health Care Directive for her brother? >>>

NO...at this point, your client must contact an attorney to get conservatorship via court order. The brother not only cannot sign, he doesn't know what he's signing.....two NO-NOs for a lawful CA notarization. According to the estate planning attorney I notarize for, dire cases can be expedited due to the immediate circumstances.

BTW....you don't do notaries.....you notarize.

Reply by anotaryinva on 8/13/13 8:52pm
Msg #480387

I don't honk n/m

Reply by anotaryinva on 8/13/13 8:53pm
Msg #480388

Lets try again

I don't think they are asking for anything to be notarized.

Reply by jba/fl on 8/14/13 11:23am
Msg #480448

Re: Lets try again

How would hou know? The original post is convoluted enough to not have full understanding. JMNSHO

Reply by jba/fl on 8/14/13 11:25am
Msg #480449

Re: Lets try again

How would you know.....see - I'm trying again. LOL

Shame about those fingers.....

Reply by JanetK_CA on 8/13/13 11:50pm
Msg #480412

"BTW....you don't do notaries.....you notarize."

RIGHT!!! When I hear "do a notary", it's like nails on a blackboard to me. Please, folks, we of all people should get this right... You do a "notarization". That is the noun for the act of notarizing a document. The noun "notary" refers to the *person* who executes the notarization.

I know this is a very common misuse, and it's forgivable for others not in our business to make that mistake. However, we should know better, imho.

Reply by anotaryinva on 8/13/13 8:57pm
Msg #480390

Looks to me like no noatry

http://ag.ca.gov/consumers/pdf/ProbateCodeAdvancedHealthCareDirectiveForm-fillable.pdf

Reply by anotaryinva on 8/13/13 8:58pm
Msg #480392

I hate my Ipad n/m

Reply by LKT/CA on 8/13/13 9:03pm
Msg #480395

It has to be signed and witnessed or notarized

The client would need a POA to sign it on behalf the brother....then it still needs to be notarized or witnessed by two people. If the client doesn't have a POA, then she has to get conservatorship.

Reply by anotaryinva on 8/13/13 9:06pm
Msg #480397

Re: It has to be signed and witnessed or notarized

I don't know CA but what the OP said was that the doctor appointed the sister as 'something' looking at the form from CA no notary needed, just witnesses. Again, I wonder what is she/he being asked to notarize?

Reply by LKT/CA on 8/13/13 9:17pm
Msg #480399

Re: It has to be signed and witnessed or notarized

From the OP: "The hospital is requesting an Advanced Health Care Directive. "

In CA, AHCDs are notarized or witnessed by two people. AHCDs are Living Wills. However, if the hospital accepts the doctor's appointment of making the sister the "patient surrogate" and allows the sister to sign on behalf of the brother, waiving the requirement to have the AHCD notarized or witnessed, then I suppose that's all that matters. It's what the receiving agency is willing to accept - or what their legal dept says they can accept that ultimately matters.

Reply by Notarysigner on 8/13/13 9:26pm
Msg #480400

Re: I hate my Ipad

>>> Her brother has severe dementia and he is in the hospital in ICU. His doctor appointed my client, which is his sister as the "patient surrogate" and states that the patient in mentally incapacitated.<<<<

Sometimes there is a "Package" the hospital gives out here included in the medical directives are POA, Will(s) etc so we have to be careful HERE when talking about medical "directives.

The Doctor can't appoint diddley, he can recommend if the patient is hospitalized. The sister can sign "whatever"she wants but it is the patient (brother) who must give his approval....if he is incapacitated then the court must appoint a conservative to act on behalf of the patient, that eliminates the NEED for POA.

I do these all the time, here in Calif and I have been in the room with the Doctor, nurse, sister, social worker and creditable witnesses (paralyzed gunshot victim of twenty years with no current ID) AND NOTHING COULD BE DONE because he (also couldn't speak) didn't want to......and he didn't have dementia.

I agree with LKT, Only a court order.conservatorship would allow sister to sign his name on anything and it hold water..

Reply by anotaryinva on 8/13/13 9:33pm
Msg #480403

Sorry, I totally missed

That very important part that she would be signing in his name. I was looking for the 'notary section' and not seeing it.
Thanks James for clearing that up!

Reply by Stephanie Santiago on 8/14/13 11:40am
Msg #480455

Agree with James, here. n/m

Reply by SheilaSJCA on 8/13/13 9:32pm
Msg #480402

Can I have it? n/m

Reply by anotaryinva on 8/13/13 9:33pm
Msg #480404

NO n/m

Reply by Notarysigner on 8/13/13 9:46pm
Msg #480406

Re: NO .........please? otherwise I'll NEVER have one

One of my wife's student's gave her one for christmas and I can't touch it!

Reply by jba/fl on 8/14/13 11:27am
Msg #480450

You have an aura that would make it go haywire. No, James n/m