Handling Difficult Notarization

Unfortunately, many families wait until tragedy strikes to get their state of affairs in order. Depending on the severity of the tragedy, it could be too late to use the services of a notary public.

As a public officer, a notary cannot discriminate on the basis of sex, race, or religion. However, unintentional discrimination may arise when a woman who covers her face for religious reasons requests your notarial services. When this circumstance occurs, a notary must always act with the utmost caution to ensure that he or she does not discriminate but also follows the law. For this reason, notaries should always consult their own state's laws on matters concerning identification of persons with covered faces.

I've had several appointments during which the signer was unable to physically sign his name to a document. I can see the family members are really worried about this when it happens. Many want to know if they can sign for the signer. I have to explain that unless they've been given a power of attorney by the signer, I am unable to notarize a document signed by them for the signer.

If you provide notary services long enough, you will encounter people who have letters or statements or other documents that lack a pre-printed notary certificate. These are often the result of someone being told that they need a notarized statement or release or authorization in order to accomplish some purpose they have chosen.

Perhaps a father needs to have a statement notarized that authorizes his child to go on a trip with a friend's family. He might decide to handwrite it. The same could be true for a building tenant who needs to provide a letter to a housing authority verifying household income. Or, perhaps a separated couple facing an income tax issue may need to quickly submit a notarized declaration that they have lived apart for several months.

Most notarizations a notary will perform involve signers who are competent, understand the content in the document, and have the ability to sign freely and willingly. In rare situations you may receive a request to perform a notarization from a client who is blind or illiterate. How will you proceed? Will you refuse to perform the notarization simply because the signer is unable to read? Is it enough to ask those signers for proper identification and acknowledge they understand the contents of the document and proceed with the notarial act? What protections will you offer vulnerable signers to ensure a smooth and honest transaction?

Notaries must be impartial witnesses to transactions. They may not have an interest in the documents that they notarize. By the same token, notaries are prohibited from notarizing their own signatures, or documents in which they are named.

There are times, as a notary, when you will be presented with a document for notarization that has been previously signed. This may occur simply because the signer thinks he is being thorough by filling in all the blanks and signing before he meets with you. At other times, a document may have been signed and submitted to the recipient before the signer was aware that notarization was required and now the document has been returned and the signer requires the services of a notary.

One of the keys to acceptable and accurate notarizations is clear communication between the signer and the notary.

State laws vary on the acceptability and procedures for copy certifications. As with every other type of notarial procedure, notaries should study carefully their state's statutes on copy certification to see if, and how, it is administered.