What a notary actually certifies
A notary public is a state-commissioned witness, and the seal means less than most people assume. It certifies that the person named in the document appeared, proved who they were, and signed willingly. It does not certify that the document is true, fair, legal or wise. A notary who is not also a lawyer cannot advise you on what the document means or how to fill it in.
There are two common acts. In an acknowledgment, you declare that the signature is yours and that you signed voluntarily, which is what deeds and powers of attorney require. In a jurat, you swear or affirm that the contents are true and sign in front of the notary, which is what affidavits require. The office that asked for the document tells you which one it needs, because the notary is not allowed to choose for you.
What to bring
- Bring the entire document with no blanks left in it, because a notary must refuse an incomplete one.
- Bring current government photo identification, and check that the name on it matches the name printed on the document.
- Bring every person who has to sign, since a notary cannot notarize the signature of someone who is not present.
- Bring your own witnesses if the document requires them, because many offices will not supply staff for that.
Where to go and what it costs
State law caps the fee, and in most states the cap falls between $2 and $15 per signature. Banks and credit unions commonly notarize free for their customers. Shipping stores, public libraries and town clerks are the other usual places, and mobile notaries will come to a hospital or a home for an added travel charge. Most states now permit remote online notarization over a recorded video call, typically for about $25. Ask the receiving party first, since some county recorders and foreign authorities still reject electronic seals.
Where it goes wrong
An expired license is the most common reason people are turned away. A notary must also refuse if the signer seems confused, coerced or unaware of what the document is, which matters when a relative is signing in a hospital bed. Documents headed abroad often need an apostille as well, a certificate from the secretary of state confirming that the notary's commission is genuine.
Note In much of Latin America a notario is a senior legal professional. In the United States a notary public is not a lawyer, and one who offers immigration or legal advice is breaking the law.
