10 Most Frequently Asked Questions of a Notary
Originally posted 4/30/22
I’m not sure why it was such a surprise to me when I would get the kinds of questions about my business that I did. I was oblivious to the role or need of a notary not that long ago. So when I get questions, like the ones I will share, I try to remember how vague the idea of a notary is to most people. Also, what many people perceive a notary to be. I’ve explained in other blog posts about the role and importance, and you can read that here. So, today I will just answer some of the most asked questions that I get daily. I hope this helps you the next time you need a notary.
What can you notarize?
What can I notarize? The answer? Almost anything. I cannot notarize vital documents like birth certificates or federal documents, but I can and must notarize the application for a birth certificate. I have notarized a will written on tiny lined sheets of paper. In California, you don’t need a will notarized most of the time, but that's what the client wanted. If there is any document that calls for notarization or a document you want to be signed and the signer's identity verified, I am here for you.
Can you provide documentation?
The simple answer is no. However, I wish I could. Providing you with a power of attorney document or consent for a minor to travel document dangerously wades into the water of legal advice or services. I am not a lawyer in any way, shape, or form. So, yes, it would be nice if I could help my clients and customers by providing the documents they need, but it's against the law.
What should I do about this legal issue?
I get calls like this all of the time. I know that most people don’t fully understand the role of a Notary, and it's easy to confuse the role of a notary for a legal professional. As part of my commission with the Secretary of State, I am prohibited from giving you legal advice, and it could land me in jail and owe a considerable amount of money for fines. So, If you have legal questions, please reach out to a lawyer, or for more budget-friendly legal advice, check out Legalshield-.
Can you explain these documents to me?
This question lands us in a similar situation as the legal questions. It is not within the purview of my job to explain a document to you, even if I am notarizing that document. My role is not to verify the information in the document or the validity of the document. My purpose is to identify you as a signer and ensure the document is filled out. That's it. I can generally explain documents for loan closings, but even then, I am prohibited from advising.
Why do you need my physical ID- why won't a picture work?
This is an excellent question, especially since so much of the world is doing business and life online. In California, remote online notarization is not yet legal, so in-person signings require a current physical identification. There is no other reason I can give you except that digital identification is not allowed as a form of identification in California.
Why do you need to take my thumbprint?
In California, notaries must take a thumbprint for a deed, quitclaim deed, deed of trust, and other documents related to real property. Also, all forms of power of attorney require a thumbprint impression. This thumbprint is not going out to other agencies; it stays with me, and my journal, and no one else can see it or use it unless a law enforcement officer requests it for evidence.
Why can’t you use this form as it is?
This question concerns the block of information where the notary signs and notarizes the document. I am a California Notary, and California has specific rules about the notarization block of information on the document. Most other states, even California entities, either don’t know these rules or do not care. In that case, I must attach a California-compliant certificate to your document. Most of the time, this won’t be an issue.
How much do you charge?
This is probably the most asked question of mine. I can fully understand why. Most of us live on a limited income or within a budget. You couldn’t understand what a notary would charge if you aren't getting documents notarized regularly. I am going to answer this question here partly. The most we can charge in California for notarizations ( Signature/Stamp) is $15. That's $15 per signature/stamp. I also set a travel fee—that fee changes based on the miles from my home office. The fee for my service might also be a base fee; if there are multiple documents to be signed and notarized, I will often offer my service for a base fee—all of my fee schedules you can find Here.
Why do you need to be able to communicate with the signer?
I mostly get this question when I am doing power of attorney signings in hospitals and nursing facilities. It can be hard to get these documents signed when the signer is distressed or losing their faculties. Still, it's imperative that the signer can communicate with me and be able to sign- even if it's just an X. It's a constant battle with families who want to be in the room and communicate with their loved ones. However, that's not good enough. My State requires me to be able to communicate with the signer solely. We can use hand signals, the nodding of the head- I can use my discretion for this—still, it's an integral part of this type of signing.
Why can’t I use a translator?
This question falls right into line with the previous one. I do not speak any other language other than English. I am currently working on Spanish and aim to be fluent by mid-next year. However, I still need to be able to communicate with the signer. If we can’t understand each other, I can’t 100% trust that the translator is translating word for word what I say or what the signer says. Finding a notary that speaks the signer's language is in your best interest.
These are the most asked questions of me in my Notary business. I welcome these questions, even though they come daily. It is my job to educate the public. Anyone who hires me leaves knowing more about my industry, and I hope to leave behind.
I hope you found the answers to be helpful. If there is something I didn’t cover and you still have more questions, please don’t hesitate to reach out via email, text, or the chat feature here on the website.
Jennifer Cooper- JKC Mobile Notary
