Is it correct that a Notary cannot decide what type of notarial act a document requires? The signer must know and inform the Notary what act is needed?
— G.T., Guadalupe, Arizona
You are correct unless you are also an attorney. A nonattorney Notary should never decide what notarial act is needed; the signer always makes the decision. If you are not an attorney, you would be engaging in the unauthorized practice of law by deciding what notarial act to perform. If you were to provide incorrect advice, you could then be held liable for resulting damages.
If a signer is ever unsure of which notarial act to perform, you may describe the difference between a jurat and acknowledgment and let the customer choose. Your signer may contact the agency receiving the document if she’s still unsure.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST. After hours you can send a message to our Notary experts at Hotline@NationalNotary.org, and you will receive a response the next business day.