My husband's parents are executing Powers of Attorney and Last Wills. Would I be able to notarize these documents for them? I will not be personally named on any of these documents, so I wasn't sure if it would be reasonable to notarize for them. — T.V., Texas
The state of Texas does not prohibit the Notary Public from notarizing for family members, as long as the Notary is not named in the document or benefitting from the document.
However, 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.
If you’re not sure whether you’d stand to benefit from notarizing a document for a relative, it’s better to be safe and refer the relative to another Notary who’s not related or involved in the transaction. The Notary Public Code of Professional Responsibility offers helpful guidance on this thorny subject. It urges the Notary to decline to notarize for any family member related by blood, marriage, or adoption in any degree of lineage. It also calls for Notaries to avoid even the appearance of partiality, which can happen in many cases involving family members.
For more information on rules in other states regarding notarizing for relatives, please see our article and video on 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
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