Understanding the Limitations of a Notary Public

A notary public plays a critical role in ensuring the authenticity of important legal documents and preventing potential fraud. However, it is equally important to understand the limits of a notary’s responsibilities. Notaries are trusted professionals, but their duties are outlined explicitly by law, and there are clear boundaries to what they can and cannot do. As a mobile notary in Santa Rosa, California, I can clarify what notary publics can assist with and where their role ends.

Notary publics are authorized to verify the identity of signers, witness the signing of documents, and administer oaths. However, they are not permitted to offer legal advice, interpret the contents of a document, or alter its language in any way. A notary cannot provide guidance if you are unsure about the legal terminology or provisions within an estate plan, living trust, or power of attorney. In such cases, it is always best to consult an attorney before notarizing.

Another critical point to consider is that each state carries their own notarial laws so the Notary Public is bound by the state they are commissioned in. In California, if executing a Jurat which requires an oath, the notary public must witness signatures physically. For an Acknowledgement, the signer may sign the document before they meet with the Notary Public and then confirm it is their signature to the Notary. Certain documents such as Powers of Attorney for finance management and health car , Signature and Name Affidavits, Deeds of Trust, Consent for Minor to Travel and more require notarization at all times.

Notary publics are prohibited from performing their duties if they have a direct financial interest in notarizing the document. This rule ensures that the notary’s role remains neutral and unbiased, preserving the integrity of the notarization process.

At Diana’s Mobile Notary, I understand the importance of professional and reliable notary services. I provide flexible, convenient notary services in Sonoma County, California, to meet your needs, whether you require notarization for an estate plan, trust, power of attorney, or advanced health care directive or other. Reach out to me today!