Notarizing Medical Documents: What You Need to Know

Medical documents are among the most sensitive and important papers a person can sign. They often involve decisions about health care, end-of-life preferences, and the authority to act on someone else’s behalf. Notarizing these documents ensures they are legally valid, properly executed, and more likely to be honored by medical institutions and legal entities.

Whether you're a notary public or someone preparing these documents, here’s what you need to know about notarizing medical paperwork.

What Types of Medical Documents Often Require Notarization?

Not all medical documents need to be notarized, but several critical ones do:

• Advance Health Care Directive (Living Will) Specifies the medical treatments someone wants or doesn’t want if they become unable to speak for themselves.

• Medical Power of Attorney (Health Care Proxy) Appoints someone to make medical decisions on behalf of the signer.

• HIPAA Authorization Forms Gives permission for a third party to access a person’s medical records.

• DNR Orders (Do Not Resuscitate) May require notarization depending on the state and hospital.

  
  

Why Is Notarization Important for Medical Documents?

• Confirms Identity and Consent The notary ensures the signer is who they say they are and is signing willingly and competently.

• Prevents Fraud or Coercion Medical decisions are highly sensitive. Notarization helps protect the signer from being manipulated or misunderstood.

• Ensures Legal Validity In many states, notarization (or witnessing) is required for advance directives and health care proxies to be legally binding.

  
  

Special Considerations for Notaries

• Assess Mental Capacity You must ensure the signer is of sound mind and understands what they are signing. If they appear confused, intoxicated, or under duress, you must decline the notarization.

• Witness Requirements Some medical documents require one or more witnesses in addition to notarization. The notary cannot also act as a witness, so plan accordingly.

• Hospitals and Nursing Homes If notarizing in a health care setting, bring your journal, seal, and ID verification tools. Be prepared for emotional or time-sensitive situations, and always follow your state's rules carefully.

  
  

Best Practices

• Never Offer Legal Advice: Only explain your role and the notarization process.

• Document Everything: Make a detailed entry in your notary journal, especially if the signer is elderly or ill.

• Use Proper Forms: If the document doesn’t contain a notarial certificate, ask the signer which type (acknowledgment or jurat) they need, or refer them to an attorney or the requesting institution.

  
  

Final Thoughts

Notarizing medical documents isn’t just about stamping paper—it’s about supporting individuals during some of the most vulnerable moments in their lives. By acting with care, professionalism, and integrity, notaries help ensure that people’s medical wishes are protected and respected.