When a Hawaii health care medical facility offers notarial services to its patients, employees, medical staff members or even the general public, that facility should have a policy in place to standardize the notary procedures and to provide guidance to its notaries in the performance of their duties. Such a policy would apply to the facility’s notary, except in exceptional circumstances, such as, during emergencies.
Such a policy should at least address the following issues:
- What are the facility’s specific procedures for:
- Recording a notarial transaction;
- Taking an acknowledgment; and
- Certifying an acknowledgement
- In the event the constituent is unable:
- To write due to illiteracy or illness; or
- Physically unable to sign or mark a document, what are the facility’s specific procedures for notarization
- In the event the constituent is not mentally competent, what are the facility’s specific procedures for notarization?
- In what circumstances is the notary prohibited from notarizing a document?
- How much will the notary charge for his/her services?
When creating such a policy, the Hawaii health care medical facility should include procedures and standards that are compliant with Chapter 456 of the Hawaii Revised Statutes and Chapter 11 of the Hawaii Administrative Rules because the failure to do so may result in an invalid notarization, as well as other consequences.
As you can see there are a number of issues that you will need to consider when creating a notary public policy.
Contact us today to create this important policy document or ask us any of your Hawaii healthcare law questions.
