Signing a Power of Attorney in the Hospital: What Families Should Know

Why timing matters

Families usually call us when someone has been admitted unexpectedly and their affairs need attention: bills, bank accounts, a house sale or care decisions. A durable power of attorney lets the person choose someone they trust to act for them. It only works if the person signs it while they're able to understand and choose to sign. If you think a power of attorney may be needed, it's better to arrange the signing sooner rather than later.

What the notary has to confirm

A notary's job is to confirm the signer's identity and that the signer is signing willingly and understands that they're signing a document. A notary doesn't evaluate the document's legal effect or give advice about it.

• Identity. The signer needs acceptable identification, usually a current government-issued photo ID. If a hospitalized signer's ID is unavailable, ask us about other options Massachusetts allows before the visit.
• Awareness and willingness. The signer should be alert enough to communicate with the notary and confirm they want to sign. If they can't, the notary can't complete the notarization.
• No pressure. The notary may ask to speak with the signer directly. That's a normal safeguard, not a sign of suspicion.

If a signer can't sign at all, Massachusetts law has narrow provisions for a signature by mark or by someone at the signer's direction. Tell us in advance so we can plan properly.

Health care proxies are different

In Massachusetts, a health care proxy is the document that names someone to make medical decisions. It's generally signed in front of two adult witnesses, and it doesn't require a notary. Many families sign a health care proxy and a durable power of attorney on the same day. We can notarize the power of attorney, and you may be able to arrange witnesses for the proxy through the facility. The person you name as agent shouldn't act as a witness. An attorney can advise you on which documents you need.

How to prepare for the visit

1. Have the document ready, completed except for the signature. If an attorney prepared it, follow their instructions about witnesses.
2. Check with the nurse or unit about the best time to visit and any facility rules.
3. Make sure the signer's photo ID is at the bedside.
4. Arrange any witnesses the document requires. Ask us if you're not sure.
5. Tell us whether the document will be used abroad, so we can plan an apostille.

What we can and can't do

• We come to hospitals, rehab centers, nursing homes and assisted living communities across Greater Boston, including evenings and weekends by appointment.
• We notarize signatures on powers of attorney, affidavits, deeds and other documents.
• We can't draft documents, choose a form for you or explain what a document means. For that, please speak with an attorney.
• We can't notarize a signature if the signer can't communicate or doesn't appear to understand what they're signing.

When the power of attorney is needed abroad

If the agent will use the power of attorney in another country, for a bank account or property in Italy, Ireland or Portugal for example, the notarized document usually needs an apostille. Foreign offices often have their own wording requirements, so ask them before the signing. We can notarize at the bedside, get the apostille and ship the document overseas. See Using a U.S. Power of Attorney Abroad.