Notary Myths Debunked: What We Can and Cannot Do

Notaries play an important role in verifying identities, preventing fraud, and ensuring the integrity of documents. However, there are many misconceptions about what notaries can and cannot do. Let us clear up a few of the most common myths.

Do you know what is a myth or fact regarding notaries?

Myth 1: A notary can give legal advice.

Fact: Notaries are not attorneys. We cannot provide legal guidance, draft legal documents, or advise you on the content of your paperwork. Our responsibility is to witness signatures and confirm identities.

Myth 2: A notary can notarize any document.

Fact: Certain documents, such as vital records (birth certificates, death certificates, marriage certificates), cannot be notarized. If you need copies of these records, you must contact the issuing agency.

Myth 3: A notary can ignore proper identification.

Fact: A valid, government issued photo ID is required for notarization. Without proper identification, the notary cannot proceed.

Myth 4: A notary can decide if a document is legal.

Fact: Notaries do not determine the legality or enforceability of a document. We only verify the identity of the signer and that the person signed willingly.

Myth 5: A notary can notarize for family members.

Fact: In most cases, notaries should avoid notarizing for close family members, especially if they have a direct interest in the transaction. This protects against conflicts of interest.

Myth 6: A notary can backdate or postdate a notarization.

Fact: A notarization must reflect the actual date the signer appears before the notary. Backdating or postdating is not permitted.

Notaries provide an essential service, but there are clear boundaries to what we can and cannot do. By understanding these limits, you can better protect yourself and ensure your documents are handled correctly.

Get the facts—contact me with your notarization questions. 352-233-6744 or mrmarkdmiller.mba@gmail.com