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 Notarizing someone close to dying

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T O P I C    R E V I E W
jbelmont Posted - 10/13/2012 : 02:28:31 AM
This is the question you have all been dying to be asked.

Have you ever notarized someone who was close to dying? I think I notarized a few who were within days or weeks of dying, but others have gotten to a signing right at that critical moment when the attorney is anxiously standing and waiting for that signature that changes everything.

The problem is that those dying signers might not be conscious enough for their signature to be legally acceptable. There are many emotional and legal considerations which are very difficult to think about, especially with all of the pressure you are under from the relatives of the signer who need it signed -- drugged or not!

You might be in court for a long time if anyone suspected the beneficiaries of the document to have been involved in fraud or taking advantage, especially if there is any evidence that the signer was under duress, or under the influence while signing.

Beware notaries!

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egw91145 Posted - 10/17/2012 : 05:42:42 AM
This is a real interesting topic. I have had a fair number of occasions to do just this. It's difficult at best, and may take a while. The person needs to be in a period of lucidity, be capable of holding the pen (maybe sometimes with assistance)and be able to respond to a couple very basic questions. The loved one who is necessarily in attendance is experiencing a myriad of emotions and often impedes progress by trying to "help". But on the other hand the loved one can be quite helpful by just being a familiar face to the dying party. Patience is the key ingredient here, and not only for the signing party but for the family member.
These signings obviously are not the core of my business, I see them as "good deeds". But they are not free! I get paid a nominal fee in cash. Going to hospitals, nursing homes, rehabilitation centers and hospices carry their own painful memories for me.

EGW



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