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Notarizing a Signature on a Living Will without a Notarial Certificate

posted May 29, 2016, 3:09 PM by AG Pro Serve Intl.

living will is a document where a person makes his or her wishes known regarding life-prolonging medical treatments.

Notaries can notarize a signature on a living will even if there is no notarial certificate indicating what type of notarization is required.  However, the notary is not the person to determine that; the appropriate notarial certificate can be added once the signer of the document, the principal, indicates which one.  The living will must be signed by the principal in the presence of two subscribing witnesses (the witnesses do not need to have signatures notarized unless requested) and one of the two may not be a spouse or a blood relative of the principal.

By FL law, any competent adult may make a living will instructing family members and medical personnel to provide, withhold, or withdrawal life-prolonging  procedures if the person is diagnosed with a terminal illness.

Section 765.303, Florida Statutes, provides a suggested form of a living will.

* Remember, if you are not an attorney, do not advise your customer about the contents of the document, nor the correct procedure for executing the document. If your customer has any questions, you should suggest that he or she consult an attorney for assistance.

FL Governor’s Reference Manual for Notaries - May I notarize a signature on a living will if there if no prepared notarial certificate on the document? p.61

by Alessandra Jackson

AG Pro Serve Intl.