.png)
Chances are someone will ask you to notarize a healthcare directive or living will at some point in your notary career. These are some of the most personal documents people will ever sign, and as notaries, our role in the process is more important than we sometimes realize.
Whether you’re in the U.S. or Canada, understanding how to approach these notarizations with care and confidence will not only protect you legally, but it will also give your clients peace of mind at a really vulnerable moment.
What Are Advance Healthcare Directives and Living Wills?
An advance healthcare directive (often called a living will in the U.S.) is a legal document that lets someone outline their medical wishes in case they can’t speak for themselves later on. In Canada, similar documents exist, though the exact term and requirements vary by province.
For example, in Ontario, people may complete a "Power of Attorney for Personal Care," while in British Columbia, it’s known as a "Representation Agreement." In the U.S., each state has its own form of advance directive or living will.
The common thread is this: these documents are about giving people a voice when they’re unable to speak. And as notaries, our job is to make sure that the person signing understands what they’re doing, is signing willingly, and is properly identified.
Your Role as the Notary
Here’s where things get practical. When notarizing a healthcare directive or living will, you need to be extra mindful of capacity and willingness.
Ask yourself:
Does the signer seem alert, aware, and able to communicate clearly?
Is the signer under any pressure from family members or caregivers?
Do you have the correct ID and does it match the document?
This isn’t about playing doctor or lawyer it’s about using good judgment. If you’re ever in doubt about someone’s ability to sign, it’s better to pause the notarization and suggest the client seek legal guidance.
Handling Sensitive Situations
These notarizations don’t always happen in an office. You may find yourself in a hospital room, a care facility, or even someone’s home. The atmosphere can be emotional. Family members might hover. Time may feel rushed.
In those moments, slow yourself down. Speak directly to the signer. Make sure they know you are there for them. A calm, respectful approach goes a long way in protecting the integrity of the notarization.
Key Differences Between U.S. and Canadian Notaries
One important note: in the U.S., notaries are often asked to provide acknowledgments or jurats on these documents. In Canada, depending on the province, you may need to be a notary public or a lawyer to complete certain tasks. Always check your province’s or state’s rules to know exactly what is permitted in your jurisdiction.
Remember, being clear about your authority not only protects you, it also builds trust with your clients.
Why This Matters
When you notarize a healthcare directive or living will, you’re doing more than stamping a piece of paper. You’re helping ensure that someone’s voice will be respected in critical medical decisions. That is powerful. It’s a responsibility that deserves care, professionalism, and a human touch.
Notarizing advance healthcare directives and living wills can feel heavy, but they are some of the most meaningful assignments you’ll ever take on. When you approach them with clarity and compassion, you’re not just fulfilling your role you’re making a lasting impact for families during an incredibly important time.
If you’re looking to strengthen your notary skills and gain more confidence in handling specialized documents like these, I’d love to help you inside The Notary Blueprint® community. Join us today and connect with notaries across the U.S. and Canada who are building their businesses with confidence and clarity.
