Ohio Notary Services for Elderly, ALS, Stroke, and Dementia Patients

Ohio Notary Law Guidance – Notary of Lewis Center

Notaries often work with clients who are elderly or have medical conditions like ALS, stroke, dementia, Parkinson’s disease, or other age-related impairments. These cases demand increased care, legal knowledge, and ethical discernment.

Notarizing for Clients with Medical or Age-Related Impairments in Ohio A widespread misunderstanding is that being ill or elderly automatically prevents someone from being notarized. Under Ohio law, this is not the case. The crucial factors are competence, awareness, willingness, and proper execution.

This guide explains how Ohio notaries should lawfully and professionally handle these situations.

Can an Elderly or Sick Person Sign Documents in Ohio?

In many cases, yes. Ohio law allows notarization as long as the signer:

• Is present

• Can be identified

• Appears to understand what they are signing

• Is acting willingly

A diagnosis alone does not prevent notarization.

1. Clients with ALS or Severe Physical Disabilities

Typical Scenario

• Client is mentally alert

• Client understands the document

• Client cannot physically sign due to muscle weakness or paralysis

Ohio-Compliant Solution: Designated Signer

Ohio Revised Code §147.541 allows a Designated Signer when the principal is physically unable to sign but mentally competent.

Requirements

✔️ Principal is present

✔️ Principal directs the signing

✔️ Designated signer has no interest in the document

✔️ Designated signer is not named in the document

Signature Format

John A. Doe, by Jane B. Smith, Designated Signer

This method is preferred in Ohio over outdated “Sign by X” practices.

2. Clients Who Have Had a Stroke

Stroke effects vary widely. Each notarization must be assessed individually.

A. Stroke Patient Who Can Communicate (Even Slowly)

• Slurred speech or delayed responses do not invalidate notarization

• The notary should:

  • Speak slowly

  • Ask simple, open-ended questions

  • Allow extra time

If the client clearly demonstrates understanding and willingness, notarization may proceed.

B. Stroke Patient Who Cannot Write but Can Communicate

If the client:

• Can nod, gesture, or verbally direct

• Understands the document

➡️ Designated Signer may be used (same rules as ALS).

C. Stroke Patient Who Cannot Communicate Clearly

If the notary cannot reasonably determine that the signer understands the document:

❌ The notarization must be refused

Ohio notaries must never “assume” intent or rely on family members to speak for the signer.

3. Elderly Clients with Dementia or Cognitive Decline

This is one of the most sensitive and misunderstood areas of notarization.

Key Ohio Principle

A medical diagnosis alone does NOT automatically prohibit notarization.

What matters is the signer’s current state at the time of notarization.

A. Elderly Client Who Appears Oriented and Responsive

Even if family mentions dementia:

✔️ If the client:

• Knows who they are

• Understands what the document does in general terms

• Can express consent

➡️ The notary may proceed

The notary should:

• Ask neutral questions

• Avoid yes/no only questions

• Watch for coaching or pressure

B. Elderly Client Who Appears Confused or Disoriented

Red flags include:

• Inability to answer basic questions

• Inconsistent answers

• Confusion about purpose of document

• Family attempting to answer for the signer

➡️ Notarization must be refused

Ohio notaries must refuse when awareness or willingness is in doubt.

4. Clients Who Cannot Speak Clearly or At All

Allowed in Ohio

• Communication via:

  • Writing

  • Gestures

  • Assistive devices

  • Eye blinking (if consistent and clear)

If the notary can clearly determine understanding and consent, notarization may proceed.

Not Allowed

❌ Family members interpreting answers

❌ Guessing intent

❌ Proceeding “to help the family”

5. Journal Entries for Medically Sensitive Notarizations (Ohio)

Your notary journal is your strongest legal protection.

For clients with medical or age-related impairments, always include objective facts, not diagnoses.

Recommended Journal Notes

✔️ “Signer present and responsive”✔️ “Signer communicated via gestures / speech”✔️ “Designated signer used due to physical inability”✔️ “Signer appeared aware and willing”

❌ Do NOT write:

• Medical opinions

• Diagnoses

• Family statements

6. What Ohio Notaries Must NEVER Do

❌ Diagnose capacity

❌ Rely on family assurances

❌ Notarize if unsure

❌ Use thumbprints as signatures

❌ Draft or advise on Powers of Attorney (unless an attorney)

When in doubt, refusal is the correct and lawful action.

Why This Matters

Improper notarization involving elderly or medically impaired individuals can lead to:

• Document invalidation

• Elder abuse allegations

• Civil liability

• Loss of commission

Correct notarization:

• Protects the signer

• Protects the family

• Protects the notary

Ohio notary standards are governed by the Ohio Secretary of State.

Compassionate & Compliant Notary Services – Notary of Lewis Center

At Notary of Lewis Center, we specialize in:

• Special-needs notarizations

• Elder-care and hospital notarizations

• Power of Attorney notarizations

• Strict adherence to Ohio law