[IL] [IL] Can I use a remote notary for a POA and will?
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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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.
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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 about your mother's situation. Are you looking for alternative ways to have the documents notarized?
Last will and testament, 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 issues.
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.
Liz
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns.
So I can best help, in what state is your mom hospitalized?
Illinois
Liz
Thank you for sharing that. Can your mom get a computer signal? Illinois does allow for a remote notary, as long as they are able to see the signing via audio-video communication.
I was under the impression the exception to that was power of attorney and last will and testament because they require two witness signatures. And because of that requirement, the notary had to be in person.
But yes, I can ensure there is computer signal for online remote notary.
Liz
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?
Liz
The notary usually cannot provide witnesses, but for example, you could ask nursing staff to witness.
The medical power of attorney doesn't allow medical staff as witnesses.
Liz
It usually doesn't allow her medical staff, but for example, even a janitor or orderly could witness.
Can a family member sign as witness on a last will and testament?
Liz
Are they named in the will?
Yes, as children of the principal.
Or testator, whichever is the appropriate term.
Liz
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's presence? The notary only has to witness the actual signature on the signature pages?
Liz
That's correct, they do have to witness just the final signature.
Liz
I hope I was of help. Have a great day.
Liz
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