notary public
Meaning of notary public: The seal vouches for who signed and that they did so willingly; it says nothing whatever about whether the contents are true.
Definition of notary public
A notary public is a person authorized by a state or other jurisdiction to witness signatures and certify that the signer appeared in person and was identified. A notary may also administer oaths, take sworn statements, and certify that a copy matches an original. The role is legal rather than medical, but it reaches healthcare through documents.
What does notarization actually certify?
Four things, and no more: that the signer appeared before the notary, that identity was checked against acceptable identification, that the signature was made without visible coercion, and the date on which this happened. That is the whole of it. A notary does not verify that the statements inside the document are true, does not confirm that the document is legally sound, and does not assess whether the signer understood what they were agreeing to. The deterrent value comes entirely from making impersonation difficult, which is why forms open to dispute after the fact are the ones that tend to require it.
Which healthcare documents involve one?
| Document | What it does |
|---|---|
| Advance directive | Records wishes about future treatment if the person cannot express them |
| Healthcare proxy | Names the person who will make medical decisions on the patient's behalf |
| Durable power of attorney | Grants authority over medical or financial matters that survives loss of capacity |
| Release of medical records | Authorizes disclosure of records to a named party |
Why do the requirements vary so much?
Because they are written into state law rather than set by hospitals. One jurisdiction may require two witnesses, another a notary, a third either, and a fourth may accept a document valid where it was signed. Several bar the treating clinician, an employee of the facility, or anyone who stands to inherit from acting as witness or notary, precisely to avoid a conflict of interest. The practical result is that a correctly completed form can still fail to take effect after a move across a state line, and larger hospitals often keep a notary on staff so that paperwork can be completed at the bedside rather than deferred.
Used in a sentence
The advance directive required the patient's signature to be witnessed by a notary public.
Good to know
A notary public confirms the identity of the person signing a document and witnesses that the signature was made willingly, but does not verify that the contents of the document are true or that the document is legally sufficient.
Word origin
Where “notary public” comes from
Formed from Latin notarius, meaning a clerk or scribe, from nota, meaning a mark or note.