Situation guide

Dementia and signing: what the notary checks

A diagnosis alone doesn't stop a signing. What matters is whether the signer understands, on that day, what the document is and that they are choosing to sign it. The notary checks that before anything is signed.

Updated 2026-10-31 by Michael Seutin, California Notary Public, commission 2518648.

What does the notary check?

The same as with any signer who may be confused: simple questions first, then whether the answers stay consistent. If they don't, the signing stops, even if the family has waited.

Why dementia signings are hard on families

From the signings

"Dementia is often harder on the family than on the patient. When I've had to say no, some families seemed to know it might not be possible. Most took it calmly."

— Michael Seutin

What if the notary says no?

There is no other notary route. Whether a doctor's letter, a conservatorship or another path fits your family is a legal question. I'm not a lawyer and won't advise on it. Talk to an elder-law attorney.

Before you book

  • Book early in the day if the signer is usually clearer then (ask their caregiver)

  • Have the documents and a valid photo ID ready

  • Know the answer may be no, and have an attorney's number ready if it is

General information about how documents are executed, not advice about your situation. A notary public is not an attorney. The full disclaimer.