[IL] Can I get documents notarized remotely?
My mother is in the hospital and I'm trying to have some documents notarized but the notary won't come inside her room because of isolation precautions. What options do I have?
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Does your mom have an internet connection? Illinois does allow for a remote notary (from services such as Notarize.com), as long as they can see the signing via audio-video communication (5 ILCS 312/6-102.5). The law says the following:
- The signer and the remote notary/witness must be able to see and hear each other in real time (two-way video + audio).
- The live video/audio session must be recorded and that recording kept for at least three years by the signer or someone the signer names.
- The signer must say on camera that they are physically located in Illinois during the remote signing.
- While on the call the signer must say out loud which document they are signing.
- Every page of the document must be shown clearly on the video so the witness/notary can read it.
- The actual act of signing must be shown close enough on camera for the witness/notary to observe the signer sign.
- The signer must send a legible copy of the fully signed document to the notary no later than the next day. Acceptable methods: overnight mail, fax, or electronic delivery.
- The notary must sign that transmitted copy as the witness and return the signed copy to the signer within 24 hours of getting it (again by overnight mail, fax, or electronically).
- If needed, the notary may later sign the original document (using the original signing date) — but only if the witness/notary receives the original signed document and the electronically-witnessed copy within 30 days of the remote notarial act.
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Illinois Last Will and Testament
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My mother is in the hospital and I'm trying to have some documents notarized but the notary won't come inside her room because of isolation precautions. What options do I have?
Lexi, Chatbot
I'm sorry to hear that. Are you looking for alternative ways to have the documents notarized?
Yes. It's a last will and testament and a power of attorney.
Lexi, Chatbot
Have you considered using a mobile notary service that can come to the hospital to assist with the notarization process?
There is still the isolation issue.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with notarizing your documents.
No.
Elizabeth
Hi there! I’ve been an attorney for more than a decade and I’m here to assist. So I can best help — in what state is your mom hospitalized?
Illinois.
Elizabeth
Does your mom have an internet connection? Illinois does allow for a remote notary (from services such as Notarize.com), as long as they can see the signing via audio-video communication (5 ILCS 312/6-102.5). The law says the following:
- The signer and the remote notary/witness must be able to see and hear each other in real time (two-way video + audio).
- The live video/audio session must be recorded and that recording kept for at least three years by the signer or someone the signer names.
- The signer must say on camera that they are physically located in Illinois during the remote signing.
- While on the call the signer must say out loud which document they are signing.
- Every page of the document must be shown clearly on the video so the witness/notary can read it.
- The actual act of signing must be shown close enough on camera for the witness/notary to observe the signer sign.
- The signer must send a legible copy of the fully signed document to the notary no later than the next day. Acceptable methods: overnight mail, fax, or electronic delivery.
- The notary must sign that transmitted copy as the witness and return the signed copy to the signer within 24 hours of getting it (again by overnight mail, fax, or electronically).
- If needed, the notary may later sign the original document (using the original signing date) — but only if the witness/notary receives the original signed document and the electronically-witnessed copy within 30 days of the remote notarial act.
Both forms require two witness signatures. And because of that requirement, the notary had to be in person. But yes, I can ensure there is a computer signal for online remote notary.
Elizabeth
Do the isolation restrictions allow her to have visitors? The remote notarization is still qualified for the POA and the will, but the witnesses also have to be physically present and visible.
She is allowed visitors. But I don't have anybody that can witness. Can the notary provide witnesses?
Elizabeth
The notary usually cannot provide witnesses, but for example, you could ask staff to witness.
The medical power of attorney doesn't allow medical staff as witnesses.
Elizabeth
It usually doesn't allow medical staff, but for example, even a janitor or orderly could witness.
Can a family member sign as a witness?
Elizabeth
Are they named in the will?
Yes — as children of the principal / testator (whichever is appropriate).
Elizabeth
You do want someone who is not in the will normally. For example, a cousin who is not named could witness. I mean, if you ordered takeout, the takeout driver could witness.
Final question. On the Durable Financial Power of Attorney can the principal initial each space, indicating powers given prior to the notary being present? Does the notary only have to witness the actual signature on the signature pages?
Elizabeth
That's correct — the notary needs to witness the final signature. I hope I was of help. Have a great day.
Elizabeth
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