What is Notary Public?

A Notary Public is an official of high integrity appointed by the state government ~ usually by the secretary of state ~ to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts.

What does a Notary do?

A Notary’s duty is to screen the signers of important documents for their true identity, their willingness to sign without force or intimidation, and their awareness & understanding of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct.

Impartiality is the foundation of the Notary’s public trust. They are duty-bound and committed not to act in situations where they have a personal interest. The public trusts that the Notary’s screening tasks have not been corrupted by self-interest. And impartiality dictates that a Notary never refuse to serve a person due to race, nationality, religion, politics, sexual orientation or status as a non-customer or any other status as stated by Arizona state law.

As official representatives of the state, Notaries Public certifies the proper execution of many of the life-changing documents of private citizens ~ whether those diverse transactions convey real estate, grant powers of attorney, establish a prenuptial agreement, or perform the MANY other activities that enable our civil society to function.

What a Notary is not

A U.S. Notary is not the same as a Notario Publico.These differences can be confusing for immigrants when they approach Notaries in this country. Unlike Notaries in foreign countries, the U.S. Notary Public is not a high-ranking official like a judge or an attorney. No legal advice is allowed. Notaries in the United States need to be very clear about what they can or cannot do to serve immigrants the right way and steer clear of notario issues.

Does a notarization make a document “true” or “legal”? 

No. Notarization does not make a document legal if it’s legally inadequate before it is notarized. Notaries are not accountable or responsible for the accuracy, truthfulness or legality of documents they notarize. The document issuer or signer are responsible for the content of the documents. As a notary we are only notarizing that the person signing is stating that the information is true.

• MORTGAGE RELATED DOCUMENT SIGNINGS

• POWER OF ATTORNEY (DURABLE, GENERAL, MEDICAL, LIMITED)

• WILLS/TRUSTS

• DEED OF TRUST / QUITCLAIM DEED / WARRANTY DEED

• ADVANCE HEALTHCARE DIRECTIVES

• PARENTAL CONSENT FOR TRAVEL/ PASSPORT PARENTAL CONSENT

• MEDICAL AUTHORIZATION FOR MINOR

• HOMESCHOOLING AFFIDAVIT

• AFFIDAVITS/SWORN STATEMENTS

• RENTAL/SHARED RESIDENCE LEASE/CONTRACT AGREEMENTS/

• COURT, BUSINESS AND FINANCIAL DOCUMENTS

• DIVORCE / PRENUPTIAL AGREEMENTS

• TEMPORARY GUARDIANSHIP AGREEMENTS

• VEHICLE TITLE

• BILL OF SALE

• CREMATION AUTHORIZATION STATEMENT

Acknowledgments

The purpose of an acknowledgment is to ensure that the signer of a document is who they claim to be and has voluntarily signed the document. Acknowledgments often are needed for documents concerning valuable assets, such as deeds, mortgages and deeds of trust.

To perform an acknowledgment, the signer must personally appear before you at the time f notarization to be positively identified and to declare — or “acknowledge” — that the signature on the document is tn and that they signed willingly. While it is common practice for your client to sign the document in front of you at the time of the notarization, it is not necessary. Your client may sign the document before bringing it to you and declare — or acknowledge — to you that the signature on the document is theirs.

Jurats

The purpose of a jurat is for a signer to swear or affirm that the contents of a document are true. Depending on the jurisdiction, it also can be known as an affidavit or a verification on oath or affirmation.

For a jurat, the signer must personally appear before you and sign the document in your presence. You must then administer an oath or affirmation and have the signer speak aloud his or her promise that the statements in the document are true. The choice between an oath or affirmation should be made by the signer. Administering the oath or affirmation is a vital part of performing a jurat or verification because the signer is affirming that the contents of the document are true, and he or she may be prosecuted for perjury if the contents are not true.

Oaths/Affirmations

In some cases, a client may simply need you to administer an oath or affirmation orally, rather than as part of a jurat, affidavit or other written document. The purpose of administering a verbal oath or affirmation is, again, to compel a client to truthfulness.

An oath is a solemn pledge to a Supreme Being. An affirmation is a solemn pledge on the individual’s personal honor. Again, the choice should be made by the signer. 

Copy Certification

A copy certification confirms that a reproduction of an original document is a full, true, and accurate transcription or reproduction of the original. Documents requiring copy certification may include: diplomas, driver’s licenses, leases, contracts, vehicle titles, Social Security cards, medical records and bills of sale.To perform a copy certification, the person in possession of an original document (known also as the “document custodian”) takes the original document to a Notary. The Notary typically will make a photocopy of the document and complete a certificate for the copy certification to confirm that the photocopy is a true, accurate and complete copy of the original.

While copy certifications are considered a common notarial act, nearly half of the U.S. states bar Notaries from performing this type of notarization.

No photo can be notarized. This is not an authorized duty of a notary. An alternative would be to notarize the signature of a person who is willing to certify the authenticity of the photograph in a sworn statement. 

 In Arizona it’s prohibited to certify  a copy of vital records or any recordable documents.*

*It’s important to know it doesn’t matter whether the copy is actually going to be recorded or not — if the original document is potentially recordable at a public records office, you can’t certify the copy.

A power of attorney (POA) isn’t just any document, it’s powerful documentation that grants a person or organization the ability to act on your behalf. There are different types of POAs, and these authoritative documents ensure that crucial decisions about your family, finances, and healthcare will be handled, even if you are unable to make those decisions yourself. Since POAs are powerful, legal paperwork, they require an experienced public notary to ensure authenticity. 

• Durable Power of Attorney: A durable POA ensures your agent or proxy has the authority to act on your behalf if you become incapacitated. When estate planning, it’s common to have a durable POA, because you’re planning for a scenario when you won’t be able to make decisions for yourself. 
• General Power of Attorney: A general POA authorizes your proxy to act on your behalf in all situations allowed by local law, including making all legal, financial, health, and business decisions. 
• Limited Power of Attorney: Under a limited, or special POA, an agent can only act and make decisions in specific areas, and only to the extent you authorize. 
• Medical Power of Attorney: A medical POA, or a healthcare POA, is a type of a limited power of attorney, and allows your agent to make healthcare decisions on your behalf, including decisions about medical treatments, medication, surgery, end-of-life care, and more.