Can I notarize a will and power of attorney and also sign as the witness? — F.L., Texas
You may notarize a will or power of attorney if a Notary certificate is provided or you are directed by the signer. Next, while acting as both a witness and Notary is not specifically prohibited in Texas, it is always best to be one or the other and not both. Some documents require the witness to be named in the document itself. If a Notary were named in the document as a witness, it could potentially be a conflict of interest for the Notary to then notarize the signatures on the document.
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, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.