Am I able to use the Pennsylvania “Witnessing or Attesting a Signature” certificate to attach to a previously signed document if the signer is known to me and brings the document with her? — W.M., Pennsylvania
Not necessarily. Even if you personally know the signer and she brings you a document she previously signed, those facts alone do not determine whether you may use a witnessing or attesting a signature certificate. If the document is a mortgage or deed, it requires an acknowledgment certificate. If it is a sworn statement that requires you to administer an oath or affirmation such as an affidavit, it requires a verification on oath or affirmation certificate. If the document only needs to be signed in your presence, it requires a signature witnessing or attestation certificate. To determine which certificate you must complete and attach, the signer must tell you which notarial act is needed. If she does not know, she must find out. If that is not possible, you may briefly explain the three notarial acts — acknowledgment, signature witnessing or attestation, and verification on oath or affirmation — and let her decide which certificate you should complete.
Notaries should be aware that not all states allow signature witnessing or attesting a signature as an official notarial act. For more information, please see our article on the difference between acknowledgments and signature witnessings.
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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