Will Signing Instructions for Wills with Notary
The notary, person signing and two witnesses over age 18 must be in the same room
Testator [person whose is signing Will], two Witnesses and Notary all must be present in room at the same time. No one to leave room until signing completed.
The witnesses should not be beneficiaries under the Will if there is unequal distribution or issues on competency. It is best if the witnesses are unrelated to beneficiaries if there is unequal distribution.
1. Testator initials bottom of all pages in blue ink.
2. Testator in signature section handwrites date and signs above their name
3. After "SELF- PROVING AFFIDAVIT"for a second time Testator in signature section handwrites date and signs above their name. This is usually last page.
4. Witness 1 - signs name, puts address, prints name (this is done twice on Will)
5. Witness 2 - signs name, puts address, prints name (this is done twice on Will)
6. Notary signs and dates. Notary puts seal.
-Make sure Testator has signed Will
-Make sure Witnesses sign Will and fill in addresses
-Make sure to make copy of Will. Testator keeps original Will. Wills are not filed anywhere, you keep the original. If client wants, they can mail attorney a photocopy. No fax or email
Sometimes individuals are too busy to make an appointment to sign in the law office between 10am-4pm. The notary's job is to make sure the witnesses and testator sign in all the required places.
Power of Attorney POA Signing Instructions in front of Notary:
Notary and one witness all must be present in room at the same time. No one is to leave room until signing completed.
1. Write out date, where indicated, on first page of the POA. (1st paragraph)
2. Have the person that is signing the POA sign in blue ink and have the witness also sign in blue. (second page of the POA) witness can be notary
3. Ask the person do they want A -POA to be effective now upon signing or B- only upon disability. Have them sign in blue ink in the appropriate place after they decide. (second page of the POA). Don’t sign both A & B.
Have the witness sign and date in blue ink next to both signatures as well.
4. Notary signs and dates. Notary puts seal.
5 Make sure to make copy of POA. Person signing keeps original POA.
Signing the Living Will with Advance Directive for Health Care
[no witness needed, just notary]
A. On page two, Fluids and Nutrition.
initial either 1 or 2, not both
I request that artificially provided fluids and nutrition, such as by feeding tube or intravenous infusion (initial one, not both)
1. ______ shall be withheld or withdrawnas "Life Sustaining Treatment."
2. ______ shall be providedto the extent medically appropriate even if other "Life Sustaining Treatment" is withheld or withdrawn
B. Directive as to Medical Treatment.
I request that "Life Sustaining Treatment" be withheld or withdrawnfrom me in each of the following circumstances: (Most people initial 1-4, all of them)
1. ______ If the "life sustaining treatment" is experimental and not a proven therapy, or is likely to be ineffective or futile in prolonging my life, or is likely to merely prolong an imminent dying process;
2. ______ If I am permanently unconscious (total and irreversible loss of consciousness and capacity for interaction with the environment);
3. ______ If I am in a terminal condition (terminal stage of an irreversibly fatal illness, disease, or condition); or
4. ______ If I have a serious irreversible illness or condition, and the likely risks and burdens associated with the medical intervention to be withheld or withdrawn outweigh the likely benefits to me from such intervention.
______ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition. I want to be kept alive for as long as possible.
On last page, Organ Donation– We suggest clients initial yes (initial one)
Then date, person sign s
then notary signs
