Indiana Advance Directive: Notary or Witnesses?
· Documents & Forms
Why Health Care Documents Need Care
An advance directive is a written statement of your wishes about medical care, often paired with naming a health care representative who can speak for you if you cannot speak for yourself. Many Evansville families put these in place after a hospital stay, a diagnosis, or a conversation with an aging parent. Others simply want peace of mind.
Because these papers are used at the worst possible moments, hospitals and care providers want them to be signed correctly. That is where a notary public can help. A notary verifies who you are, confirms you are signing willingly, and completes the notarial certificate. A notary is not an attorney and cannot advise you on what your document should say. This article is general information, not legal advice.
Notary, Witnesses, or Both?
Indiana's advance directive framework generally allows a signer to have the document signed in front of two adult witnesses or acknowledged before a notary public. The exact requirements depend on the specific form and the rules that apply to your situation, so read the instructions printed on your form carefully. Some people choose a notary because it gives the document an extra layer of identity verification, and because a notarized signature is familiar to hospitals, banks, and other institutions.
If you are unsure which route applies to you, ask the attorney, hospital social worker, or organization that gave you the form. We are happy to handle the notarization once you know what you need. Keep in mind that a notary who is named in your document, or who has a personal interest in it, should not be the one to notarize it.
What to Bring to the Signing
Plan ahead and the appointment goes quickly. Have these ready:
- Valid government-issued photo ID for every person signing, such as a driver's license, state ID, or passport. It must be current and match the name on the document.
- The completed document, unsigned. Please do not sign before the notary arrives. We need to watch you sign.
- Any witnesses, if your form calls for them, along with their IDs.
- Time to read the document, ask questions of your own advisors, and sign without feeling rushed.
Signing for a Loved One in the Hospital or Care Facility
Many advance directives are signed at a bedside. A mobile notary can come to hospitals, nursing homes, assisted living communities, and private homes across Vanderburgh, Warrick, Gibson, and Posey counties, including after-hours when the situation is urgent. We can often work around visiting rules, medication schedules, and rest times with a quick phone call to the facility.
The signer must be able to understand what they are signing and must be signing of their own free will. A notary cannot notarize for someone who appears confused, pressured, or unable to communicate that they understand the document. If there is any doubt about capacity, speak with the person's physician or an attorney first. That is not the notary being difficult; it protects the person signing and the family.
Common Mistakes to Avoid
The most frequent problems are simple ones: an expired ID, a document signed ahead of time, a missing page, or a form that needs witnesses but only has one present. Another is assuming the notary can fill in blanks or explain medical choices. We cannot, but we can make sure the signing itself is done properly.
Also remember to make copies. Give one to your health care representative, your doctor, and any family member who may be involved in your care. Store the original somewhere easy to find, not in a safe deposit box that nobody can open on a weekend.
Fees and How to Book
Indiana sets the maximum fee at $10 per notarial act for an in-person notarization. Mobile travel is separate, and we quote it up front so there are no surprises. If a signer cannot be present in person, ask us whether remote online notarization may be an option for your situation; up to $25 per act is allowed for remote notarization.
Southern Indiana Notary is based in Evansville and serves the Tri-State area, with 24-hour emergency availability. Call or text Jason at 812-205-3322 to schedule a time and location, or to ask what to have ready before we arrive.
Jason Dicken is a commissioned Indiana notary public serving Evansville and the Tri-State. This article is general information, not legal advice.
Need this handled in person? See our mobile notary service page, review mobile notary pricing, or contact Southern Indiana Notary to schedule.