Monika James
7 Posts
(Moorpark, CA)
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I am a new notary and just received my commission. My parents-in-law wanted me to notarize their Advance Health Care Directives and we opted to get two non-related witnesses instead of me notarizing due to being an indirect beneficiary through my husband. Would it be appropriate to witness a family member's Advance Health Care Directive if there were no conflict of interest? Also, this is not considered a POA, correct?
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Marian Harmon
271 Posts
(Lancaster, CA)
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If there is absolutely no chance of a conflict, it's up to you.
As for POA... it depends on the instructions in the document. Even though there is a fairly standard format for these things in CA, it's not required.
I've seen all kinds of AHCD's -- I get called to them a lot. Some of them include directions or references to POAs, other are kind of integrated.
It really depends on the person and their situation -- and the document itself.
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Marian Harmon
271 Posts
(Lancaster, CA)
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I forgot to add that in many of them, you'll see right in the first section, it will say, "Power of Attorney for Healthcare" -- and so, in those cases, yes is *IS* a power of attorney. Most of them are, actually. It is a limited power, though, restricted to what the individual indicates in the directive. I've seen some that are fairly open, and others that are very, very specific.
There was one where the individual wrote out at least 4 different scenarios for end of life choices. I won't give out details, but let's just say this person was VERY specific about tests results, doctor opinions, length of time on life support, etc.
The individual also had very specific requirements for his/her agents(s). For example, the primary agent could only perform as such so long as that individual was met certain requirements, otherwise power passed to another agent. It was the longest AHCD I've ever seen.
In this case, this individual was facing many, many years of dementia and it was likely to fall in to a conservatorship, so this person was essentially setting up his/her conservatorship while he/she was still able to do so.
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Monika James
7 Posts
(Moorpark, CA)
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Thank you, Marian. I'm sure I will see many different types. So, in the case of a POA, we can certifiy a copy of a POA but can not notarized a POA, correct?
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Paul Williamson
103 Posts
(Inverness, FL)
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Yes, a notary in CA may make a "certified copy" of a Power of Attorney. (See CA Probate Code § 4307: Certified copies of power of attorney.)
There is nothing restricting a notary from notarizing the signature of the Grantor (and/or Grantee) on a Power of Attorney.
§ 8205. Duties
(2) To take the acknowledgment or proof of advance health care directives, powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of that proof or acknowledgment, endorsed on or attached to the instrument.
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Marian Harmon
271 Posts
(Lancaster, CA)
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Monika, it's just like Paul said.
In CA, we are allowed to certify copies of POA documents. But, we can notarize signatures on originals as well.
If you look at page 15 of current handbook, you'll see how the copy certification is done. There is no required wording, but they give you a good example.
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