I have a customer who wants to set up an appointment to notarize documents for his incarcerated brother. I contacted the Illinois Department of Corrections to obtain instructions on what they required for me to perform the notarization and inquired if the inmate would have access to his photo identification. They never called me back.
I am uncomfortable accepting this appointment because I don't think I'll be allowed into the facility, and I don't know if the inmate will have access to his identification. Am I allowed to refuse this Notary request? — F.L., Illinois
Yes, An Illinois Notary to refuse services for any reason:
“Any notary or electronic notary appointed by the Secretary of State may elect not to perform a notarial act or an electronic notarial act for any reason” (5 ILCS 312/2-101[d]).
“A notary public or electronic notary public shall have no obligation to perform any notarial or electronic notarial act and may refuse to perform a notarial or electronic notarial act without further explanation” (5 ILCS 312/6-102[e]).
For more information, please see our articles on notarizing for prison inmates and when Notaries may refuse requests.
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
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