Mobile notary in Almaty — we come to your home, to hospital or office with the document ready

Useful information

Visiting notary in Almaty: calling to a home, hospital, or to a person with a disability

The situation where a loved one cannot come to the notary's office themselves almost always arises suddenly: after an illness, an operation or a sharp deterioration in condition. Relatives start looking for someone who will come to the home, and often waste time on phone calls, not understanding which documents a notary is generally entitled to execute outside the office, and which require personal presence at the office.

A mistake here is costly: defects in a power of attorney or a will are discovered after the person's death, when nothing can be corrected, and the heirs go to court. Below is a practical breakdown of situations that Almaty residents face: calling a notary to the home of an elderly or bedridden relative, a visit to a hospital, making a will and a power of attorney, and the notary's work across the city and in the suburbs.

Visiting notary: which notarial services are possible at home

A visiting notary comes to wherever the person who needs a document certified is located. This may be a house or apartment, a hospital ward, a hospice, a nursing home, a company office, or a penal institution. Visiting notarial services are in demand when a person physically cannot get to the office, but remains legally capable and understands the meaning of their actions.

A visiting notary performs actions under the same rules as at an appointment in the office: verifies identity and legal capacity, ascertains the person's will and explains the consequences, and makes a note in the register of the place where the action was performed. The only difference is the setting. An appointment at the office is limited to a work office and a queue, while a visiting notary works on site and adapts to the person's condition. That is precisely why a notary who makes visits takes on documents for bedridden and seriously ill people who cannot be driven across the city.

At home, most often a power of attorney, a will and a consent are made. A real estate transaction at home is also possible, but with one condition: the notary requests information about the apartment or house from the Legal Cadastre in advance, before the visit. The set of actions a visiting notary can perform:

Calling a notary to visit your home: how to call and invite a notary

Call or write in a messenger and describe the situation in simple words: who the person is, where they are, whether they are conscious, and what exactly needs to be made — a power of attorney, a will or a consent. This determines which specialist will come and which documents to bring. Specify the address, floor, whether there is a lift and the door entry code, and if the person is in hospital — the building and ward number.

Photos help arrange the visit in advance and without unnecessary trips: take a picture of the identity card of the person who will sign the document, as well as the documents for the apartment, car or account, if those are involved. If the person cannot hold a pen, it is better to say so straight away: the notary will check whether they understand the meaning of their actions and will decide whether the action is possible. Separately, send a photo of the ward or room where the signing is planned, so it is clear whether there is a table and space for papers.

The time is agreed according to circumstances: at a hospital they follow the department's schedule and visiting hours, at home — a time convenient for the person, when they are not asleep and not having procedures. Agree on who will meet the notary, show them to the person and stay nearby — usually a close relative. On the appointed day, prepare the documents, a pen and free space; witnesses are not required for a notarial act — if the person cannot sign themselves, a person signing on their behalf is invited.

• Who signs: full name, year of birth, address and state of health
• What we are making: a power of attorney, a will or a consent
• Documents: identity card, papers for the property
• Place: address, floor, lift, door entry code, ward in hospital
• Who will meet the notary and stay nearby during signing

Notary's visit to a hospital

A notary's visit to a hospital in Almaty begins not with the arrival, but with a call to the administration: any visit to an inpatient facility, nursing home or other institution is agreed with its management. A notary can only enter a pre-trial detention facility with the permission of the investigator and the administration, so here it is not speed that matters, but having clearance. Without agreement, the notary will not be able to make a visit to a hospital, even if the relatives have already gathered the documents and are waiting by the ward.

Next, a doctor's note is useful: for a will or a power of attorney for a seriously ill person, written confirmation that the person is conscious is desirable — it is not mandatory by law. Without such a note, the document is harder to defend if the heirs refer to the signer's condition. At the same time, legal capacity and understanding of what is happening are assessed by the notary themselves in conversation, while the doctor merely records the patient's condition in the medical documents.

The certification itself takes place in private: the notary is obliged to make sure that the person is acting voluntarily and not under pressure from relatives. Access to intensive care and a hospice is restricted: a visit is possible if the administration allows the notary in and the patient's condition allows him or her to speak and understand what is happening. If the person is unconscious, a notarial act cannot be performed: no one can execute a will or a power of attorney for another person. The only option is to wait for the condition to improve, and in case of permanent loss of legal capacity the matter is resolved through court and guardianship. If, however, the person is conscious but the notary cannot get there in time, a will and a power of attorney of a hospital patient may be certified by the chief doctor, his deputy for medical affairs or the doctor on duty — such documents are treated as notarially certified. The practical procedure is as follows:

• agree the visit with the administration of the hospital or institution
• ask the attending doctor for a note on the patient's condition
• agree a time when the person is awake and able to speak
• prepare the identity document and the documents for the notarial act itself

Notary visiting the home of a person with a disability

Disability, being bedridden or a serious illness is not an obstacle to a notarial act. A notary visits the home of a person with a disability so that the person can execute a power of attorney, a will or a consent where he or she is. Calling a notary to the home of a person with a disability differs only in the place: the notary verifies identity, makes sure that the person understands his or her actions, and certifies the document under the same rules.

The notary speaks with the person in private and reads the text aloud to make sure that the person is acting voluntarily and understands the consequences. If relatives are present, this is not prohibited, but they usually step aside during the conversation and signing. No one may answer for the person, dictate answers or put pressure on him or her — in that case certification will be refused.

When a person cannot sign himself or herself because of illness, a physical defect or illiteracy, the document is signed at his or her request by a proxy signatory. Neither the notary himself nor the person in whose favour the document is drawn up may be the proxy signatory. In the certification inscription the notary states the reason. For a person with visual impairments the text of the document is read aloud, and for a deaf person a sign language interpreter is invited so that the will is expressed precisely.

• Warn the notary in advance about problems with sight or hearing — the format of the work depends on this
• A deaf person needs a sign language interpreter who will convey what the notary says and the person's answers
• If the person cannot sign himself or herself, agree on a proxy signatory in advance: neither the notary nor the person in whose favour the document is drawn up may be the proxy signatory
• Check that the person is able to talk and understand the text: otherwise the notary will refuse to perform the notarial act

A will at home when a notary visits: how to make a will for an apartment

When a person cannot come to the notary's office, calling a notary to the home to draw up a will solves the task entirely: the notary comes, verifies identity, checks legal capacity and signs the document on the spot. The text of the future will is prepared in advance from photographs of identity documents and documents for the property, so on the visit there is only reading, agreeing and signing left to do. Such a will at home has the same force as one made in the office.

If a will for an apartment is to be made, the object is described in the text so that it cannot be confused with another: address, area, cadastral number, ground of ownership. Other property — a house, a land plot, a car, a bank deposit, a share in a company — is listed in separate clauses with identifying features. It is possible to bequeath all property as a whole or to distribute specific items among the heirs.

Freedom of testament in Kazakhstan is not absolute: minor or incapacitated children, an incapacitated spouse and incapacitated parents have the right to a compulsory share, regardless of the text. To reduce the risk of challenge, the notary records that the person understands the meaning of his or her actions, and the document itself must not contain contradictions or unclear wording. Mistakes in the description of property or omission of a compulsory heir are the most costly — they lead to disputes in court.

Opening of a will, order of inheritance and a will for inheritance

After a person's death the will does not take effect by itself: it has to be opened. The inheritance opens from the day of death, and the will comes into play when the heirs approach the notary: the notary checks in the unified notarial information system whether there is a will, announces its contents to the heirs and explains their rights. In practice this happens when the heirs come to the notary with an application and a death certificate: the notary checks whether the will has been revoked or a new one has been made, and only then announces the will of the deceased.

If there is no will for the inheritance, the property is distributed among relatives in order of priority. The orders of inheritance in Kazakhstan are arranged by degree of kinship: first the children, spouse and parents inherit, then brothers and sisters, grandfathers, grandmothers and so on. Heirs of the next order are called only if there are no heirs of the previous order, they are excluded, disinherited or have renounced the inheritance; relatives cannot agree on a different order among themselves.

A will for inheritance allows property to be disposed of differently from what the law presumes: an apartment or a share may be left to one heir, shares may be distributed among several, or someone from the order may be disinherited. But the compulsory share of minor and incapacitated children, an incapacitated spouse and incapacitated parents cannot be overridden by a will. Below is a brief outline of what happens after a will is opened.

• the notary checks whether there is a will and explains the heirs' rights to them
• the heirs file an application to accept the inheritance
• the notary collects the documents and determines the circle of heirs
• without a will the property is divided according to the order of kinship
• the mandatory share of incapacitated heirs cannot be overridden by a will

Arrange a power of attorney at home with a notary visiting

Most often a notary is called to the home to arrange a power of attorney for receiving a pension. A pensioner only needs to receive the notary at home once, and after that the payments can be collected by an authorised person: a son, daughter, grandson, social worker. Such a power of attorney usually does not require the principal's personal presence at the bank or at the bodies that calculate the payments.

The second common situation is the sale of an apartment, house or car. An owner who cannot come to the office arranges a power of attorney for a relative or a realtor: that person signs the contract, submits the documents for registration, and receives the payments. The third is banking matters: withdrawing a deposit, closing an account, managing money on a card, continuing to service a loan.

The powers in such a power of attorney are best narrowed to a specific task. The broader the text, the greater the risks: the authorised person will get the right to sell not only your apartment, but also to dispose of any property at their own discretion. Before the notary's visit, it is worth deciding:

• exactly what the power of attorney is given for — a pension, the sale of an apartment, a car, a bank account
• who the authorised person is, their full details and documents
• for what term the power of attorney is issued
• whether the right of sub-delegation and signing on behalf of the principal is needed

A notary visiting across Almaty and to the suburbs

A notary's visit is possible across the whole of Almaty — from Alatau and Nauryzbai districts to the outskirts of Medeu and Turksib. If a person cannot come to the office, the notary comes to them: to their home, to a hospital or to a company office. Calling a notary to the home in Almaty is arranged by phone or in a messenger: it is enough to give the address and the essence of the document.

Outside the city, visits are also made — to Talgar, Kaskelen, Issyk, Boralday, within roughly 50 km of Almaty. The road to the suburbs takes more time, so the visit is agreed for a specific day and hour. A notary visiting homes in Almaty also works at weekends, and an urgent visit within the city is usually possible on the same day.

Companies need a notary right in the office: to certify copies of constitutional documents, a power of attorney from the director, a contract or minutes of a meeting. A visiting notary in Almaty comes to the office by appointment, when the accounting department and management have already gathered the necessary papers. For organisations it is important to clarify in advance exactly which documents the notary will travel with, so as not to call them a second time.

• Almaty: the centre and all districts of the city, arrival within the day
• Suburbs: Talgar, Kaskelen, Issyk, Boralday — a radius of about 50 km
• Company office: certification of documents by prior appointment
• Hospital and home: a visit to a bedridden or ill person

What the cost of a notary's visit depends on

When a person asks how much it costs to call a notary to the home, two payments are involved: the tariff for the notarial act (set by law and independent of location) and the visit fee, which is charged once for all documents at one address.

The cost of a notary's visit to the home is affected by the address: a trip within the city and to the suburbs is organised differently. For several acts (for example, a power of attorney and a will for an apartment), the visit is paid for once, so the price is more favourable. Certain categories of citizens have tariff benefits — this reduces the tariff part, but does not cancel the visit fee.

The question of the price of calling a notary to the home cannot be answered with a single sum: the total depends on the type of act, the number of copies and the address, not on urgency. Below is what the cost of a notary's visit to the home is made up of:

• Tariff for the notarial act — by law, the same in the office and on a visit
• Visit fee — separately, once for all documents at one address
• Number of acts and copies: a power of attorney, a will for an apartment, a consent
• Tariff benefits for certain categories of citizens

The final price of a notary's visit to the home is made up of the tariff and the call-out fee; the specific amounts are set out in a separate block on the page.

What to prepare for the arrival of a mobile notary

Before the notary arrives, the setting is prepared: he must be satisfied that the person understands their actions and signs the papers voluntarily. For a will for an apartment or a power of attorney, you need title documents, an identity document and details of the heirs or representatives.

Hospitals and care homes have their own routines: access to the ward may be restricted or you may be asked to arrange a pass in advance. Check the hours when the person is not taken away for procedures and notify the staff. In an office, a meeting room and internet access are enough.

The worst mistake is signing documents when the person does not realise what is happening, or pressure from relatives. The notary has the right to refuse if there are doubts about voluntariness: this protects the person. The action is registered in the unified information system on the spot.

A notary can come to a person who is unable to move, but the action itself is performed only if the person is of clear mind and understands what is happening — if the condition raises doubts, it is wiser to complete the documents earlier, rather than on the day of discharge or before an operation.