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National Notary Association
The National Notary Bulletin

Are There Guidelines For Notarizing For Family Members?

By NNA Staff

New Hotline Resized 3My mom wants to sign a power of attorney to make medical decisions for my grandma. Am I allowed to notarize their signatures? — K.A, Iowa

According to Iowa Code 9B.4, the answer depends on whether you or your spouse is a party to or have a direct beneficial interest in the document. If yes, then you may not notarize your mother’s signature. However, as a professional standard of practice, we recommend that you find an impartial person to notarize your grandmother’s signature. This would better protect the notarization from possible legal challenges. 

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

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

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7 Comments

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Brenda

09 Jan 2025

In countable Iowa can a grandmother that is a notary notarized documents of a purchase of a home for her granddaughter is that legal

National Notary Association

13 Jan 2025

Hello. Iowa does not have a specific prohibition against notarizing for a grandchiled. However, in Iowa, “A notarial officer shall not perform a notarial act with respect to a record to which the notarial officer or the notarial officer’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (IC 9B.4.2). “A notarial officer shall not perform a notarial act that creates a conflict of interest as prohibited in Iowa Code section 9B.4(2). For purposes of this rule, a direct financial benefit does not exist when the notarial officer is compensated on an individual loan commission basis or as provided in Iowa Code section 9B.26(2)” (IAC 721-43.4). The NNA recommends that if there is any potential concern about a Notary's family connection to a signer, the safest course is to find a different, unrelated Notary with no interest in the document or transaction to perform the notarization.

Jessica Laurie

02 Jan 2025

Can I notarize a document for my niece in Iowa For her appeal board claim

National Notary Association

03 Jan 2025

Hello. In Iowa, “A notarial officer shall not perform a notarial act with respect to a record to which the notarial officer or the notarial officer’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (IC 9B.4.2). “A notarial officer shall not perform a notarial act that creates a conflict of interest as prohibited in Iowa Code section 9B.4(2). For purposes of this rule, a direct financial benefit does not exist when the notarial officer is compensated on an individual loan commission basis or as provided in Iowa Code section 9B.26(2)” (IAC 721-43.4).

Patricia Todd

03 Apr 2023

NH Notarizing for brother inlaws business.. Father in law power of attorney.

National Notary Association

04 Apr 2023

Hello. New Hampshire does not have a specific prohibition against notarizing for family members. However, the state does prohibit notarizing your own signature (RSA 455:2-a) and the state Notary Public Manual recommends: “All notarial officers … have both a statutory and common law duty to avoid conflicts of interest in the performance of their duties … In general, a public official must never act in his or her own interest in performing official acts; official acts must always be done solely in the interest of the public.” In any case where you are uncertain whether notarizing could create a potential conflict of interest, the safest course is to have a different, uninvolved Notary perform the notarization instead.

Robert K Tompsett

23 Sep 2019

Michigan - Notary Public is prohibited from performing notarizing service to any family members, I.E. brother, sister, mother, father, spouse, aunt, uncle, inlaws, ancestors, descendants.

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