Can a Notary Notarize a Handwritten Document?
Many notaries ask whether it is acceptable to notarize a document that is handwritten by the client. In general, it is not up to the notary to decide whether a document presented for notarization is valid. Notarization does not make an illegal document legal and does not make an invalid document valid.
In most states, the fact that a document is handwritten does not preclude it from being notarized. However, the document must have an appropriate notarial certificate. If there is not already a certificate written on the document, the notary must add it. Keep in mind, however, that most states do not allow the notary to determine which type of notarization is needed. Therefore, the client must instruct the notary whether an acknowledgment or oath is to be taken.
That being said, notaries should be cautious with regard to handwritten wills. In some cases, notarization of a handwritten will can actually invalidate the will. You may want to tell your client to consult with an attorney with regard to wills or powers of attorney.
As always, consult your state's laws to obtain the most accurate information regarding notary rules in your state.
-- Robert T. Koehler, Florida Notary Educator, is a Contributing Writer with the American Association of Notaries
Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.
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