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The National Notary Bulletin

Can I notarize my brother-in-law's power of attorney?

By NNA Staff on June 12, 2023

Photo of woman with long dark hair on phone. She is looking at papers in her hand. Text on image reads NNA Hotline Tip.

Can I notarize documents for family members and/or non-blood relatives when I am not involved in the transaction and will not benefit? Specifically, my brother-in-law asked me to notarize his health care and financial power of attorney. — C.B., Ohio

Ohio law does not prohibit a Notary from notarizing for family members, provided the Notary does not have a financial or beneficial interest in the document (ORC 147.141).  That said, documents involving family members may involve a financial or other beneficial interest that may not be apparent at the time. In addition, notarizing for family members may test the Notary’s ability to act impartially. For these reasons, the NNA recommends that Notaries disqualify themselves from notarizing for family members even if the law technically allows it.

More information on notarization rules for family members in other states can be found here: A guide to notarizing for family members

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 consultants 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.

Related Articles:

What Notaries need to know about disqualifying interest

View All: Hotline Tips

15 Comments

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Gena Hoskey

16 Jun 2023

I live in the state of Alabama which charges $5 per document. What if the document has more than one page. Is it $5.00 a page (sheet).

National Notary Association

30 Jun 2023

Hello. In Alabama, the fee charged is per each notarization performed. If you only performed one notarization, you cannot charge additional Notary fees even if the document is multiple pages.

Emmanuel codio

22 Jun 2023

Can I notary a family number , I’m from Florida

National Notary Association

22 Jun 2023

Hello. In Florida, “A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public” (FS 117.107[11]). However, Florida Notaries may officiate weddings for family members: “Section 117.05(6)(d), F.S., as amended by Ch. 91-291, Laws of Florida, effective January 1, 1992, does not prohibit a notary public form solemnizing the rites of matrimony of persons related by blood or marriage to the notary public … [Note: the statute was renumbered as FS 117.107(11) in 1998.].

Alan Louie

26 Jun 2023

Can I notarize a document for my wife if she is giving the funeral company authorization to cremate his body?

National Notary Association

26 Jun 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

T Hreen

26 Jun 2023

Can I notarize a document for my niecie/nephews children’s family of it’s not dealing with my niece/nephew or sisters/brothers or abrotjer/sister in laws family?

National Notary Association

30 Jun 2023

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Lisa Malone

29 Jun 2023

Can I notarize something for an maternal aunt. Can a power of attorney be revoked if a person is legally, and mentally able to make that decision?

National Notary Association

30 Jun 2023

Hello. To help us answer your first question, can you please tell us what state you are commissioned in? Your second question is a legal question that would need to be answered by a qualified attorney.

Kathleen Harrell

25 Aug 2023

What about AZ and relatives?

National Notary Association

28 Aug 2023

Hello. In Arizona, “A notarial officer may not perform a notarial act with respect to a record to which … the officer’s spouse is a party or in which [the spouse] has a direct beneficial interest” (ARS 41-328.B). “A notary is an impartial witness. Just because the law allows a notary public to notarize for other family members, it is not a recommended action. Many courts have found that a sibling or other family member relationship implies some type of financial or beneficial interest in transactions thereby negating an argument for impartiality” (State Notary Public Reference Manual)

James Steadwell

16 May 2024

Can my cousin notarize Power of Attorney for her uncle in GA? He is competent and his children are the only heirs. She(and her directly related relatives) will receive nothing upon his death. Thanks in advance

National Notary ASsociation

29 May 2024

Hello. In Georgia, "A notary shall be disqualified from performing a notarial act in the following situations which impugn and compromise the notary’s impartiality: “(1) When the notary is a signer of the document which is to be notarized; or “(2) When the notary is a party to the document or transaction for which the notarial act is required” (OCGA 45-17-8[c]). “Notary News,” published by the Georgia Superior Court Clerks’ Cooperative Authority, stated: “Although the statutes do not forbid notarizing the signature of relatives, it is not a good idea. If the notarized document is ever challenged in court, it might be determined that you were not acting as an impartial witness when the document was notarized.” “Can a notary notarize documents for relatives? — Georgia law does not specifically address performing notarial acts for relatives. However, the role of a notary public is to be a disinterested witness. Requests to perform notarial acts for any family member may create serious problems and should be avoided” (GSCCCA website, “Notary Public FAQ”).

Ivette Colon

19 Jun 2024

Great Q& A

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