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National Notary Association
The National Notary Bulletin

Can My Spouse Witness A Document I Am Notarizing?

By NNA Staff on June 1, 2020

Can my husband be a witness to something I am notarizing? — F.A., Florida

Your husband may sign as a witness on a document that you are notarizing, provided the document does not require the witness’s signature to be notarized as well.  Florida Notaries are prohibited from notarizing for their spouse, mother, father, son or daughter. (FS 117.107 [11])

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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10 Comments

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Rebecca L Pyke

09 Jun 2020

Hello. Can I notarize my birth son's Power of Attorney if he makes myself and my brother (both) Agents to act on his behalf? Thank you so Much.

National Notary Association

10 Jun 2020

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Alisha

01 Sep 2021

What about for NY?

National Notary Association

10 Sep 2021

Hello. New York does not have a specific prohibition against notarizing for relatives. However, the state does have the following prohibitions: “[I]f the notary is a party to or directly and pecuniarily interested in the transaction, the person is not capable of acting in that case. For example, a notary who is a grantee or mortgagee in a conveyance or mortgage is disqualified to take the acknowledgment of the grantor or mortgagor; likewise a notary who is a trustee in a deed of trust; and, of course, a notary who is the grantor could not take his own acknowledgment. A notary beneficially interested in the conveyance by way of being secured thereby is not competent to take the acknowledgment of the instrument. In New York the courts have held an acknowledgment taken by a person financially or beneficially interested in and a party to a conveyance or instrument of which it is a part to be a nullity; and that the acknowledgment of an assignment of a mortgage before one of the assignees is a nullity; and that an acknowledgment by one of the incorporators of the other incorporators who signed a certificate was of no legal effect” (NPLL). Armstrong v. Combs, 15 App. Div. 246, held that the Notary shouldn’t take an acknowledgment of a document to which the Notary is a party in interest. Thus, grantors and grantees cannot notarize their own conveyances; mortgagees and assignees cannot notarize their own mortgages; trustees cannot notarize their own deeds of trust; incorporators cannot notarize in their own corporation for other incorporators; and so on (NPLL). Attorneys admitted to practice in New York State may, at their discretion, notarize for clients (EL 135); Corporate stockholders, directors, officers and employees may notarize for other stockholders, directors, officers or employees if the notarizing officer is not a party to the transaction, either individually or as a representative of the corporation (EL 138).

Angelina

17 Feb 2022

Is this the same for SC? I keep getting mixed answers.

National Notary Association

18 Feb 2022

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 notarization request. 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.

Martha

02 Jun 2023

I reside in NC. Can my husband witness a document, specifically HCPOA, that I am notarizing?

National Notary Association

05 Jun 2023

Hello. In North Carolina, “A notary shall not perform a notarial act if any of the following apply: … The notary is a signer of, party to, or beneficiary of the record, that is to be notarized. However, a disqualification under this subdivision shall not apply to a notary who is named in a record solely as “(i) the trustee in a deed of trust, “(ii) the drafter of the record, “(iii) the person to whom a registered document should be mailed or sent after recording, or “(iv) the attorney for a party to the record, so long as the notary is not also a party to the record individually or in some other representative or fiduciary capacity. A notary who is an employee of a party shall not be disqualified under this subdivision solely because of the notary’s employment by a party to the record or solely because the notary owns stock in a party to the record … The notary will 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 fees specified in G.S. 10B-31, other than fees or other consideration paid for services rendered by a licensed attorney, a licensed real estate broker or salesperson, a motor vehicle dealer, or a banker” (GS 10B-20[c][5] and [6]).

Brandie Glass

11 Jul 2023

Hi there! Pa notary. I have a FL mortgage that requires a witness. I will notarize and be a witness. Can I have my husband be the other witness for this client? Signing in PA.

National Notary Association

14 Jul 2023

Hello. Please be aware that since January 1, 2015, Pennsylvania Notaries may not take the acknowledgment of a power of attorney if they are named as an agent in or are a witness to the signing of that power of attorney (20 Pa.C.S. 5601[b][3]). Also, if you or your spouse are signing the document as a witness, there may be a potential conflict of interest if you also notarize: “A notarial officer may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest” (57 Pa.C.S. 304[a][1]).

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