Can I Notarize For A Relative?

Can a Notary in Alabama notarize a document for relatives? — J.M., Alabama

Yes, you may notarize for relatives. There is no law that prohibits you from doing so, but the Alabama Attorney General has stated that the better practice would be for a Notary to refrain from notarizing the signature of his or her spouse or immediate family member (Ala. Atty. Gen. Opinion 95-00289; see page 6). The issue with notarizing for family members is that your impartiality can be questioned because of your relationship to the signer.

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.

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70 Comments

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Yvonne

08 Feb 2016

I didn't not get a chance to nail off my original application nor the fee that pertain with it, should I redo another application and submit it along with a foto and the readmittance fee or should I take the notary course again and fully do everything in a timely manner before the expiration date of the official filing status. (Basicly, I've let time lapse for me to be official notary, can I still turn in my paperwork and get materials to be an official notary.....)

National Notary Association

Hello Yvonne. If you were unable to complete your application process in a timely fashion, it's likely you will have to submit a new commission application. You can contact your state Notary-regulating agency to ask what they would require of you to re-apply. If you applied for a commission through the NNA, please contact our Customer Care team at 1-800-876-6827 and they can assist you with a new application.

Nancy Winks

Can I notarize for a relative in Michigan?

Hello Nancy. Michigan Notaries may not perform notarizations for spouses, siblings, (including in-laws, step-relatives or half-relatives). They are also prohibited from notarizing for "lineal descendants" such as children or grandchildren, or "lineal anscestors" such as parents or grandparents. (MCL 55.291[8])

martha batista

Can I notarize for a relative in New York or PA?

09 Feb 2016

Hello. Neither NY or PA specifically disqualify Notaries from notarizing for relatives. However, both states prohibit Notaries from acting in any transaction where the Notary is named or that the Notary would gain a benefit from.

Karen Flores

Can I notarize for a parent in California?

Hello. According to the state Notary Public Handbook: "A notary public may notarize for relatives …, unless doing so would provide a direct financial or beneficial interest to the notary public. Given California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner."

Susie

Can I notarize for a relative in California?

Michelle

22 Aug 2016

Can I notarize something for my husbands business such as notarize customers signature?

Hello Michelle. That depends on where you are commissioned. What state are you commissioned in, please?

Lynnette Sargis

Can I notarize an affidavit signed by another family member for my mother in Texas?

23 Aug 2016

Hello. There is no specific prohibition against notarizing a relative's signature in Texas.However, if you are a party to the document, named in the document or would receive some financial or other benefit from the document, you should not notarize.

Jay

03 Sep 2016

Hello. I was wondering if I could notarize pension papers in PA for my father in-law?

06 Sep 2016

Hello. Only if you do not receive any financial benefit or are otherwise not a party to the document and transaction in question.

Eileen

24 Sep 2016

Can I notarize something for a family member in Rhode Island?

26 Sep 2016

Hello. Rhode Island Notaries may not notarize for spouses, domestic partners, parents, guardians, children or siblings, including step-, half- and in-law relatives. The only exception is when such persons witness a will or other legal document prepared by a Notary who is also an attorney licensed in Rhode Island. (EO Sec. 4[a][8]).

Kristen

05 Oct 2016

Can I notarize a document for a family member in Maryland?

Hello. The Maryland Handbook For Notaries Public states, "...notaries should refrain from performing official acts for members of their immediate families, even though not ordinarily under a legal duty to refrain."

Tirza Ward

16 Oct 2016

In the state of Texas, can I notarize for my husband's sister's husband (and/or his father)?

17 Oct 2016

Hello. According to the TX Secretary of State's website, there is no specific prohibition in Texas against notarizing for a spouse's relatives. Texas prohibits notarizing if the Notary is a party to the instrument or would have financial or beneficial interest in the transaction.

Crystal Gordon

21 Nov 2016

Can I notarize for relatives in New Mexico?

Hello Crystal. The NM Secretary of State's website (http://www.sos.state.nm.us/Business_Services/Precautions.aspx) says Notaries should avoid notarizing for relatives: "Because of the notary’s need to be impartial, he should avoid notarizing for family members or in any other circumstances when his impartiality can be questioned or challenged."

Amy Cwick

27 Nov 2016

Can I notarize my grown (age 35) sons signature in Arizona?

28 Nov 2016

Hello, Amy. State law says “A notary public is an impartial witness and shall not notarize the notary’s own signature or the signatures of any person who is related to the notary by marriage or adoption” (ARS 41-328[B]). The Arizona Notary Public Reference Manual recommends that you do not notarize for family members because the Notary's impartiality could be challenged in court at a later time. Quote: “Just because the law allows a notary public to notarize for blood relatives, it is not a recommended action." We suggest that your son contact an unrelated Notary instead.

Carol Wenzel

Can I notarize a driver's license application for a co-workers daughter who is under the age of 18, if the mother is the co-signer and present, but the daughter is not present and the mother has her school identification.

29 Nov 2016

Hello Carol. The daughter would have to physically appear in person before you in order for you to notarize the daughter's signature.

Charlotte Jones

13 Dec 2016

Can I notarize for a family member in Arkansas.

Hello Charlotte. Arkansas Notaries are permitted to notarize documents for relatives. However, they may not notarize their own signature, a document to which the Notary is a party, or a document from which the Notary would gain a direct or indirect financial benefit.

Julie Hodge

20 Mar 2017

I am a Notary Public in Florida. How can I also become a Notary Public in South Carolina?

Hello. Unfortunately, persons who do not live in South Carolina may not become Notaries in that state.

areferee43@rnuthouse.com

01 May 2017

I am a Notary in New Jersey. Am I able to notarize a SC business document in which my husband(also from NJ) and his business associate(from SC) will both need to sign?

Hello. New Jersey's Notary Public Manual states that Notaries should refrain from notarizing documents in which they have a personal interest. Since you have a personal tie to one of the document signers (your husband), we would recommend erring on the side of caution and having another Notary with no ties to the signers or the document notarize instead.

Evelyn Roldan

27 Jul 2017

Can I notarize for a family member in Illinois

Hello. The state Notary Public Handbook says an Illinois Notary may notarize the signature of his or her spouse, children and other relatives. However, you may not notarize if your name appears in the document as a party to the transaction.

djanderson_890@hotmail.com

28 Jul 2017

Is it alright to notarize my relatives signature in Oklahoma, ie husband mother in law or brother in law

Hello. The following is from the OK Secretary of State's website: “The law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness."

Kelly

16 Aug 2017

Can I notarize an affidavit for a sister in law in NJ?

Hello. New Jersey has no restrictions regarding notarizing for family members. The state Notary Public Manual says, “Notaries should refrain from notarizing documents in which they have a personal interest, including documents they have prepared for a fee." If you are named in the document or would receive a benefit from the document, you should refer your sister-in-law to another Notary without interest in the document.

Kate

31 Aug 2017

Hi, can a notary in PA notarize certification of accuracy of translation performed by his spouse. Thank you.

05 Sep 2017

Hello. If you are a party the the document or would receive a financial benefit from the document you may not notarize. (57 PS 165[e]).

Sam

25 Sep 2017

Can I notarize a document for an aunt in Massachusetts?

26 Sep 2017

Hello. Yes, you may notarize for your aunt provided you are not named in the document, a party to the document and will not receive a benefit from the document beyond your statutory notarial fee. In Massachusetts, Notaries are prohibited from notarizing for the following family members: a spouse,domestic partner, parent, guardian, child or sibling, including in-law, step or half relatives.

Marie Shaya

05 Oct 2017

I just sent off my application to become a notary in South Carolina, and I was wondering if I'm allowed to notarize something for my brother and parents. I am now married and so we have different last names. Also I wanted to know if I can notarize for cousins, and aunts, grandparents. Please let me know so I can follow the proper guidelines.

Hello. South Carolina Notaries may not notarize if they are a party to or beneficiary of the document being notarized, or if the Notary would receive directly from a transaction connected with the notarial act any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the Notary fee.

Jon

06 Jul 2018

I too am in South Carolina and have read the hand book. as a simple yes/ no, when it states "party too" does that mean related to? I have a step child that needs some court papers notarized, who is currently serving time, so could I notarize his signature on these court papers?

10 Jul 2018

Hello. "Party to" means the Notary is named in the document and has an interest in the transaction or has signed the document. Whether or not you actually has an interest, notarizing a document for a relative could be perceived as an interest and questioned by a receiving agency. If you are uncertain whether you have a disqualifying interest, the safest course is to have another Notary with no connection to the document notarize instead.

Angie Willcoxon

31 Jul 2018

Can I notarize for a family member? I am a notary in Mississippi.

01 Aug 2018

Hi Angie. Mississippi Notaries are prohibited from notarizing if the Notary is a spouse, ancestor, descendant, or sibling of the signer, including in-law, step, or half relatives and other persons residing in the same household (1 MAC Pt. 5, R. 050.5.2).

DeelaGowdy

04 Aug 2018

I am a notary in Ohio. Can i notarize for my father?

08 Aug 2018

Hello. According to "A Handbook and Notarial Journal for Notaries Public" published by the Franklin County Common Pleas Court and Columbus Bar Association, "A notary may take the acknowledgment of a relative, even a wife or husband, if the notary has no interest in the transaction."

Gigi Rusch

02 Feb 2019

I am a notary In Nevada. Can I notarize for a family member?

06 Feb 2019

Hello. Nevada prohibits notarizing for relatives related by blood and marriage, including adopted children, half- and step-relatives as well as domestic partners.

Patsy Wood

18 Jul 2019

Can I notarize a Living will for my mother? We both live in Iowa.

22 Jul 2019

Hello. You may notarize as long as you or your spouse do not have a direct beneficial interest in the document (IC 9B.4[2]).

Mistie Mewbourn

14 Oct 2019

Can I notarize a field trip form for my son in the state of Alabama?? I need this ASAP?

15 Oct 2019

Hello. If the form itself does not provide instructions for notarizing a signature, the agency that issued the form would be the best source to contact to confirm if a notarization from Alabama would be acceptable to them or not.

Kim

11 May 2020

I am a Notary in Arkansas, can I notarize my son's and soon to be ex wife's divorce papers?

Hello. An Arkansas Notary cannot notarize his/her own signature, or a document to which the Notary is a party to, or a document from which the notary would gain direct or indirect financial benefit. The Arkansas Secretary of State's office cautions against notarizing for relatives, even though it is not expressly prohibited by statute, because of the potential for possible interest on the Notary's part.

Robert Huchowski

29 Aug 2020

Hi..im from Massachusetts..my father is currently in the hospital..me and my fiancee have been awarded guardianship but heres the tricky part..my uncle went to his hospital with his ex wife (the notary)and got power of attorney while my father was declared incompetent...is this wrong cause my father is losing everything..please help

31 Aug 2020

Hello. We are sorry, but any questions about the legality of obtaining a power of attorney would need to be answered by a qualified lawyer.

Tracy L Crews

02 Sep 2021

My daughter in Alabama wants me to notarize her marriage license/certificate on the day of. Is this allowable. I am reading allowed, but not recommended. Please advise.

10 Sep 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

S Zies

23 May 2022

In the State of Arizona, can a notary, notarize the signature of the wife of their nephew?

26 May 2022

Hello. No: “A notary public is an impartial witness and shall not notarize the notary’s own signature or the signatures of any person who is related to the notary by marriage or adoption” (ARS 41-328.B).

Jennifer R

In Arizona can a notary notarize a legal document for the wife of a nephew?

Louise Chenowith

19 Feb 2023

can I notarize a lease agreement for my sister? I am a notary in the state of Florida

06 Mar 2023

Hello. In Florida, “A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]).

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