Notarizing a Living Will « Notary Blog – Signing Tips, Marketing Tips, General Notary Advice –

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December 15, 2011

Is a Living Will or Living Trust a Will?

Is a Living Will or Living Trust a Will? 

I am writing about this issue from the perspective of a former notary, and I am not an attorney and can not give legal advice.  A Living Will is NOT a Will, but more of a document similar to a Power of Attorney or instructions of what to do should the signer fall ill to the point where they can not take care of themselves.  There could be medical instructions of how to handle serious medical situations, what type of medical help to request, and when to stop medicating them.  What to do with an estate should a person be incapacitated could also be included.
Contact an attorney for details!
I used to work closely with an attorney notarizing living wills for his clients.  I would visit him twice or more per week.  I am not an attorney and am not that familiar with these documents or the legalities concerning them, but an attorney who specializes in living wills would be perfect.

 Can a notary notarize a living will?
YES!  Notaries in many states are cautioned against notarizing Wills, but a Living Will is not a Will, and any notary can notarize signatures on these documents. Keep in mind that there are often intermediary signatures that are in the middle of the document that need to be notarized. These documents can be up to fifty pages long, so expect to be at the signing for a while, because the attorney will normally be present and will have a lot to explain. Make sure they have a coffee machine near the attorney’s conference room!

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