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 A tale of four notaries
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DianaNotary

California
171 Posts

Posted - 02/01/2011 :  3:22:32 PM  Show Profile  Visit DianaNotary's Homepage  Reply with Quote
I totally agree with you Jeremy, it’s wrong to tell the nurse how to do her/his job? (give medication/not give….nonsense).
Again, it is always good to use common sense, ask signer questions in order to determine competence to sign and always have plenty of...patience and kindness.

http://www.DianaNotary.com
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jbelmont

California
3106 Posts

Posted - 01/31/2011 :  1:48:14 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Its up to the hospital to determine what appropriate medication is. Don't be so naive to assume that a nurse would deny NECESSARY medication just because a notary asked them to postpone it. They would lose their jobs if they denied a patient medication that the patient absolutely had to have. If the notary asks the caregivers for a window of time, the nurses have the freedom to say yes or no. The notary is not the decision maker here and doesn't control the show. They are only making a request so that it is possible for them to do their job.

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DianaNotary

California
171 Posts

Posted - 01/31/2011 :  12:31:22 PM  Show Profile  Visit DianaNotary's Homepage  Reply with Quote
The first three are great examples of how not to be a notary …I agree hospital signings are quite different from other types of notary work and that’s why it requires us to be careful and check for potential fraud, incompetence to sign, etc. I believe communication with the signer or their relatives could clarify many things and make it clear whether or not the signing is going to happen. I find it very useful to make notes in the journal of anything out of ordinary.

http://www.DianaNotary.com
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Renee

Michigan
549 Posts

Posted - 01/30/2011 :  05:34:14 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
Doing notarizations as illustrated in these examples is definitely an area to tread cautiously in. There are many different approaches as written in the Blog, but regardless of the notary's manner the signer's lucidity can be a difficult determination. There are some very good tips written about how to keep from wasting everyone's time with some good 'investigative' advance conversation!

I would suggest great caution with regard to discussing medications, or asking that a signer be denied medication. Our concern isn't medication ultimately, but lucidity. Rather, I make it clear that the signer must be fully lucid and able to conversationally explain to me what they are signing, why they are signing it, and the consequences of the document. Since such a conversation demands lucidity, that is my method. I don't ask brief, 'yes & no' types of questions - I go in chatting and I'm looking for the ability to actually carry on a conversation about why I'm there.

Once, I did have a large group of family try to orchestrate quite a production to fraudulently present a signer as "lucid". It didn't pass the whiff test from the get-go, so I sat down and kept chatting with the signer. My father-in-law had Alzheimer's, and I'm well aware of how they can sometimes present as lucid while being TOTALLY not. They can also be prepped (President's name, etc). This was a reverse mtg, and we'd chatted about what it was (she nailed that), why she was doing it (to pay for some improvements and taxes). Still ...I just sat and chatted (gut instinct). Suddenly, this signer (bless her heart, she did do a great job) blew it by asking her grand-daughter "Is that a dog barking? Do I have a dog?" The answer was "yes, you have a dog." That puzzled the woman, who asked "I do? Is it a boy or a girl? What's its name?" She'd only been able to pull off the play for a very short time, with just the barest of rote replies to me (last minute training!). Turned out the woman was actually under Guardianship!
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jbelmont

California
3106 Posts

Posted - 01/29/2011 :  3:27:11 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
This is a funny and interesting story about four notaries in different states and how they handled a tricky hospital situation involving a patient who might regularly receive medication which could prevent the patient from being able to think clearly during the signing.

http://blog.123notary.com/?tag=hospital2

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