Hospital & Bedside

Do hospitals have notaries?

Here is the short answer. Some hospitals have somebody on staff who is a commissioned notary, usually in social work, patient advocacy, or admissions. Many have nobody. None of them promise you one, and almost none of them have one on a Saturday night, which is exactly when families need one.

So the safe assumption is that the hospital is not the plan. It is the lucky outcome.

Why the hospital notary is not a plan

Even where a staff notary exists, 4 things get in the way:

  • Hours. Social work keeps office hours. The decision that triggers the paperwork rarely does, which is the same reason people end up looking for a notary open on a Sunday.
  • Caseload. They have a job, and notarizing is not it.
  • Policy. Plenty of hospitals tell staff not to notarize patient documents at all, because of the liability if a signing is later challenged.
  • The right to decline. Any notary can refuse a signing they are not comfortable with, and a staff notary looking at a family dispute usually will.

If you are relying on it, ask the unit charge nurse early in the day, not at 7pm. And have a second option ready.

What has to be true for a bedside signing to hold up

Location is not the issue. There is nothing in Virginia's notary law that limits where a notarial act happens, so a hospital room is as valid as a conference table. What matters is the signer.

Section 47.1-15 forbids notarizing when the signer is not in the notary's presence, so the patient has to actually be there and actually sign there. Beyond that, the notary has to be satisfied of 3 things:

  • The patient is awake and aware. Not sedated past the point of a conversation, not drifting.
  • The patient knows what the document does. Not the legal detail, the plain purpose. If they cannot say it back, the notary stops.
  • The patient is doing it willingly. Which sometimes means asking the family to step out of the room for a minute.

That third one is why a notary who is also a relative is a bad idea in this exact situation, and it is a narrower rule than most people think. The details are in whether a notary can notarize for family.

The part families forget: witnesses

The notary is not a witness. On the documents families sign at a bedside, witnesses are usually a separate legal requirement:

  • A will. Section 64.2-403 requires 2 competent witnesses present at the same time, for a will that is not entirely handwritten. The notary's role there is something else entirely, and it is explained in how a Virginia will actually gets notarized.
  • An advance directive. Section 54.1-2983 requires it to be signed in the presence of 2 subscribing witnesses. Notarization is not on that list at all.
  • A power of attorney. Usually no witnesses required, but it is notarized almost every time for reasons that have more to do with banks than with statute.

Hospital staff frequently cannot serve as witnesses under facility policy, and a beneficiary should not. Line up 2 neutral adults before the appointment or the visit stalls at the door.

What to have ready before anybody arrives

  1. The patient's current photo ID. In the room, not at home in a drawer. If it is expired or lost, say so when you book so it can be solved beforehand.
  2. The complete document, unsigned. Every page, signature lines blank.
  3. The facility's rules. Visiting hours, whether the unit allows an outside visitor, and who to check in with.
  4. Your witnesses, if the document needs them.
  5. The room number and a working phone number.

That list is the bedside version of what any notarization needs from you, and it is what turns a 20 minute visit into a 20 minute visit.

What a notary cannot do at a bedside, no matter how urgent it is

A notary cannot tell a family which document the situation calls for, cannot fill in blanks, and cannot notarize for a patient who cannot demonstrate they understand what is happening. Those refusals are the job, not an obstacle to it. The full list is on our page about what a Virginia notary cannot do.

A notary also cannot certify a copy of a birth or death certificate for you. Those come from the Virginia Office of Vital Records.

If the answer is no

When the hospital has nobody, the answer is a notary who travels. That is the entire point of a mobile notary. The cost side is the same statute that governs every other visit, broken down in what a notary costs in Virginia. Our estate and hospital signings page covers how these visits are run.

Need a notary at a hospital, hospice, or nursing facility in Suffolk or Hampton Roads? Tell us the facility, the room, and what is being signed on the booking page. Evenings and weekends included.