What a Notary Can and Cannot Do
Notaries play an important role in many legal, financial, real estate, and personal transactions. However, there is often confusion about exactly what a notary is authorized to do.
A notary can verify identity, perform specific notarial acts, and help deter fraud—but a notary is not automatically an attorney and cannot provide legal advice simply because a document requires notarization.
Understanding what a notary can and cannot do can help you arrive prepared and know when you may need assistance from an attorney or the organization requesting your document.
What Does a Notary Public Do?
A notary public is commissioned by the state to perform specific notarial acts. In California, a notary serves as an impartial participant in the notarization process and follows state requirements when completing each notarization.
Depending on the notarial act, a notary may verify identity, take an acknowledgment, administer an oath or affirmation, or complete another authorized notarial act.
The notary's job is focused on the notarization process, not on determining whether the underlying transaction is a good idea or whether a document is legally sufficient for your needs.
What a Notary CAN Do
1. Verify a Signer's Identity
One of a notary's most important responsibilities is establishing the identity of the person appearing for the notarization when required.
California has specific rules regarding satisfactory evidence of identity. Signers should bring acceptable identification to their appointment.
2. Take an Acknowledgment
For an acknowledgment, the signer personally appears before the notary and acknowledges having executed the document.
The document may have been signed before the appointment, but the signer must still personally appear and satisfy the requirements for the acknowledgment.
3. Administer an Oath or Affirmation
Certain documents require a jurat.
For a jurat, the signer signs in the notary's presence and takes an oath or affirmation regarding the truthfulness of the statements in the document.
4. Complete the Notarial Certificate
After performing the required notarial act, the notary completes the appropriate certificate and applies their signature and official seal as required.
Accuracy matters. An incomplete or incorrectly completed certificate can create problems when a document is submitted to the receiving organization.
5. Notarize Many Different Types of Documents
Depending on the document and circumstances, notaries commonly handle signatures on documents such as:
Powers of Attorney
Affidavits
Real estate documents
Deeds
Travel consent forms
Business documents
Authorization forms
Certain estate-planning documents
Documents intended for international use
The fact that a document can be notarized does not mean the notary is approving its contents.
6. Provide Mobile Notary Services
A mobile notary can travel to the signer rather than requiring the signer to visit an office.
Appointments may take place at:
Homes
Offices
Hospitals
Assisted living facilities
Nursing facilities
Escrow offices
Other agreed-upon locations
The same legal requirements for the notarial act still apply during a mobile appointment.
What a Notary CANNOT Do
Understanding a notary's limitations is just as important.
1. A Notary Cannot Give Legal Advice Unless Authorized to Practice Law
A non-attorney notary cannot advise you about your legal rights or tell you what you should do in a legal matter.
For example, a notary cannot tell you whether you should sign a Power of Attorney or whether a particular contract protects your interests.
Those questions should be directed to a qualified attorney.
2. A Notary Cannot Explain the Legal Meaning of Your Document
Your notary can explain the notarization process, but cannot interpret legal language or explain the legal consequences of signing a document unless separately authorized to provide legal advice.
If you don't understand what you're signing, contact the document preparer, receiving organization, or an attorney before completing the notarization.
3. A Notary Cannot Choose Your Legal Document for You
A notary cannot decide whether you need a:
Power of Attorney
Trust
Affidavit
Deed
Healthcare directive
Contract
Other legal document
Choosing the appropriate legal document can involve legal advice.
4. A Notary Cannot Decide the Notarial Act for You When the Choice Requires Legal Direction
If your document doesn't specify whether you need an acknowledgment, jurat, or another notarial act, a California notary cannot simply make that legal decision for you.
You may need to contact the organization receiving the document or the person who prepared it for instructions.
The notary can explain the general differences between available notarial acts without recommending which one you should select.
5. A Notary Cannot Notarize a Signature Without the Required Personal Appearance
You generally cannot send your document and identification with a friend, relative, or coworker and ask them to have your signature notarized for you.
The person involved in the notarization must personally appear as required for the particular notarial act.
6. A Notary Cannot Ignore Identification Requirements
Even if the notary knows you personally, California law establishes requirements for identifying signers when satisfactory evidence is required.
A notary cannot simply disregard those requirements to make an appointment more convenient.
7. A Notary Cannot Guarantee That a Document Will Be Accepted
A properly completed notarization does not guarantee that a bank, court, government agency, foreign authority, or other organization will accept the underlying document.
The receiving organization determines its own document requirements.
Can a Notary Help With Apostilles?
A notary or apostille service can assist clients with preparing and submitting eligible documents for apostille processing.
However, the notary does not issue the apostille. Apostilles are issued by designated government authorities.
Some documents need notarization before apostille processing, while government-issued records may require appropriate certified copies instead.
Why These Limitations Matter
The rules surrounding notaries are designed to maintain impartiality and help protect the public.
A notary should not have to decide:
Whether a transaction benefits you
What legal rights you should give another person
Which legal document you need
Whether you should sign an agreement
Keeping those decisions separate from the notarization allows the notary to remain a neutral participant.
How to Prepare for Your Notary Appointment
Before your appointment:
Bring acceptable identification.
Bring the document requiring notarization.
Review the document beforehand.
Confirm which notarial act is required if it isn't specified.
Make sure all required signers are available.
Arrange required witnesses, if applicable.
Ask the document preparer or receiving organization any legal or document-specific questions beforehand.
Preparation can help prevent delays and make your appointment much more efficient.
Final Thoughts
A notary can perform important identity-verification and notarial functions, but there are clear limits to the role.
A notary can verify identity, take acknowledgments, administer oaths or affirmations, complete notarial certificates, and perform other authorized notarial acts. A non-attorney notary generally cannot provide legal advice, interpret your document, choose legal documents for you, or tell you whether you should sign.
Knowing the difference helps you arrive prepared and ensures that your notary can focus on what they are commissioned to do: completing the required notarial act professionally and impartially.
Notary By Alissa provides professional notary and apostille assistance for clients in Eagle Rock, Pasadena, Silver Lake, and surrounding Los Angeles communities, with convenient mobile appointments available.
Comments