Posted by LatteLady/NV on 12/3/13 7:36pm
Msg #494874

Legally forced to NOT notarize?

I had a colonoscopy this morning. They put me under (or in a light sleep) for an hour. The doctor told me I was not allowed to sign any legal documents for a 24 hour period due to the anesthesia. The office assistants made me sign something swearing that I would not sign any legal documents 24 hours after my procedure. I can understand that they don't want me to drive, but can they legally keep me from notarizing 8 hour later at MY house when I am totally fine? They told me that the documents could be proven null and void because I was under the influence.

This makes sense if I was about to sign divorce papers, a loan or a POA etc. But I am notarizing not signing as a signer. I would like your opinion on this.

By the way, I had to cancel my two appointments today and reschedule because I didn't want my customers papers be considered null and void. I am thinking clearly and can make perfectly fine judgment calls since I had this done at 7am this morning.

Reply by Linda_H/FL on 12/3/13 7:44pm
Msg #494875

The anesthesia stays in your system that long and DOES

affect your mental acuity and your reaction time (hence no driving).

I'm curious why you made 2 appointments for the day you were undergoing a procedure under general anesthesia...

JMO

Reply by VT_Syrup on 12/3/13 8:05pm
Msg #494878

Re: The anesthesia stays in your system that long and DOES

I got called as a volunteer EMT to a neighbor who had a bad reaction to anesthesia. It seems to affect different people in different ways. I don't have any idea if there is any law about what you can or can't do, but people certainly can't be sure that they will be OK the day of that kind of procedure. Also, steady improvement is not guaranteed; a person might start out well and then develop problems (like my neighbor).

Reply by LKT/CA on 12/3/13 8:20pm
Msg #494880

Linda, I'm guessing she wasn't forewarned

that she'd have to sign a doc saying "Don't sign any docs.........". The only thing I've heard of NOT doing after a procedure is driving, strenuous activity or having certain liquids or foods. This is the first I've heard of this.

Reply by MW/VA on 12/3/13 8:02pm
Msg #494877

That drug, like any other, affects people differently. I

went through 2 of those procedures this year. While I felt pretty good afterward, I ended up sleeping most of the day.
They have to advise you that it is a powerful drug, and advise you accordingly.
I don't think your acting as a notary would have been construed as illegal, however. You would know if you were alert enough to handle an appt. later in the day.

Reply by notarydi/CA on 12/3/13 8:26pm
Msg #494883

one of the drugs....

they gave me for that procedure affects memory. You don't remember anything from when you conk out to when you wake up. They said that one takes a while to work it's way through your system. Might be why they don't want you signing any legal documents. You might not remember accurately what you have done. Could of used some of that drug a couple of Christmases ago when some out of state relatives were here visiting........

Reply by CJ on 12/4/13 10:27am
Msg #494952

Notarizing IS signing legal docs.

CA acknowledgements say "under penalty of perjury, this person appeared before me", etc. You are SWEARING that this is the person, this is the date, they swore and subscribed, and you could go to jail if you lie. Sounds like legal docs to me.

Even if you notarized and you felt fine and everything was okay, IF it went to court, it could be argued that you were under the influence (because you signed the promise at the hospital), and therefore the notarizations were no good, and the DOT and everything is null and void, and the borrowers are off the hook. That's how I see it.

But you stayed home, so everything is okay.

Reply by JanetK_CA on 12/4/13 4:53pm
Msg #495016

Notarizing IS signing legal docs. Agree, CJ. Why risk it? n/m

Reply by LKT/CA on 12/3/13 8:22pm
Msg #494881

Better safe than sorry.....obey the doc you signed.

There must be a good reason they believe it vital to warn folks not to sign legal docs 24 hours after the procedure. May seem nutty, but go along with it. Besides, you signed it.

Reply by MikeC/TX on 12/3/13 8:45pm
Msg #494889

"The doctor told me I was not allowed to sign any legal documents for a 24 hour period due to the anesthesia. The office assistants made me sign something swearing that I would not sign any legal documents 24 hours after my procedure."

That seems kind of contradictory to me - is what they made you sign a legal document?

I've had cataract surgery with similar anesthesia, and have been presented with the same type of document. Doctors always do this as a CYA. They just want to make sure that the "happy juice" they've given you has been flushed from your system..

You're not legally forced to do anything; what they're saying is that if you do something wrong in the next 24 hours, it's not their fault. If you can live with that, it's all good.

Reply by LatteLady/NV on 12/3/13 8:58pm
Msg #494892

I signed the form BEFORE the surgery/procedure. I was in my right mind.

Reply by MikeC/TX on 12/3/13 10:01pm
Msg #494900

"I signed the form BEFORE the surgery/procedure. I was in my right mind."

The issue is not whether you were in your "right mind" before the procedure; they're more concerned about what you might do AFTER the procedure.

Here's the bottom line - you should never schedule jobs for the same day you are going to undergo a procedure that requires anything other than local anesthesia. If your calendar is that crazy, just reschedule the procedure. What you need to do after the procedure is go home and rest. You'll be fine the next day...

Reply by sueharke on 12/4/13 12:18am
Msg #494914

A while back I had a signing where one of the borrowers had a medical procedure under general anesthesia at 1 pm. We were scheduled for a signing of docs at 7:00 pm. I knew he was not to sign any legal documents for 24 hours following general anesthesia. I suggested he confirm with the medical facility that did the procedure that he should sign those legal docs before 24 hours.

I suggested we change the time to the next day. I told the LO/SS/ why I changed the signing time and none of them objected as the LO/SS probably did not want to have the borrower raise the question of null or void documents.

Reply by Clem/CA on 12/3/13 9:56pm
Msg #494899

Just another of those " Please Don't Sue Us Docs" to cover their azz

Reply by BobbiCT on 12/4/13 6:46am
Msg #494926

Disgruntled borrower can use this against you

If something went "bad," even years after such as foreclosure, borrowers' attorney could discover this and use it against you ... invalid the documents because according to a doctor's report, the person supervising the signing and "explaining" documents to borrowers was not "competent," under the influence. Would your word against a doctor's opinion win?

Reply by 101livescan on 12/4/13 8:10am
Msg #494940

When I had this procedure last year, a neighbor gave me a ride to a nearby hotel, where I stayed the night because I had to be up early for another appointment with my dermatologist in town (I live 20 minutes out of the city).

I was out like a light at 5pm, and the next morning, I was still holding on to hand rails, the elevator was rock and roll for me, just walking was interesting...whatever it is they shoot you up with does impair your physical and mental alertness, agility. They said I could drive, but I decided not to for a few hours into the day.

Wise advice not to sign any legal documents for yourself, or to notarize any one else's documents.

Reply by Luckydog on 12/4/13 11:28am
Msg #494956

Check the law in your state. Must be a reason he stressed this to you, or perhaps someone sued the hospital in the past over an incident.