Ready to Notarize?
Here are a few important things to review in order to ensure you're prepared for your notary appointment.
Is this the right document?
Read through it. Does it meet the needs of your intended purpose? Do all participants understand the document and what it entails?
What does the document require?
Flip through it. Does it need initials, signatures, or witnesses? Who has to participate? What information will need to be filled in? You don't have to fill it in now, sometimes it's best to wait until you're in the presence of the notary, but make note of what you'll need to be ready for.
Who is on the notarial certificate?
A document can have multiple signers or witnesses, but sometimes not everyone will be named on the notarial certificate. What's asked for by the notarial certificate is what constitutes a notarial act.
For example, a Power of Attorney document might require a principal signer and two witnesses to sign the document, but if the principal is the only person mentioned on the notarial certificate that would be ONE notarial act. If all individuals, the principal and witnesses, are mentioned on the notarial certificate, or if there are multiple notarial certificates, that would mean there are more notarial acts.
Do all the participants have valid ID?
To complete a notarial act, folks named on the notarial certificate will need proof of ID. State IDs, Driver's Licenses, or Passports are the most common forms, but some other forms are okay too. If the ID is recently expired, it can often still be accepted. When in doubt, ask your notary what the options are.
A common alternative is called using a Credible Witness. A Credible Witness cannot be a family member or a party of the document in question. This person would swear to the identity of the participating person and provide their own ID instead. This is a separate notarial act (and thus may add to your total of notary fees).
Are all participants able to give informed consent?
All participants of a notarial transaction must be able to give informed consent. They need to be cognizant, familiar with the document, understand its intent, and agree without influence.
This frequently comes up when working with elder clients who may have altered or declining cognition or memory. When folks are not able to give informed consent, the next step would be to consult with an elder law attorney to discuss alternatives.
Are all participants physically able to sign?
There can be a variety of factors that impact an individual's ability to hold a pen and legibly sign their name. That's okay! Give your notary a heads up before the appointment so they can present suitable and valid contingencies.
Are you ready?
Since Notary Publics are not attorneys, we're unable to provide anything that could be construed as legal advice. If you have questions, you may get redirected towards online research or told to consult with an attorney. So, make sure you take the time before your appointment to double check your documents and gather the information you need so you can notarize with confidence.
