Most people need documents notarized from time to time, and if they have a notary in the family, it’s only natural to turn to them first. After all, it’s just a quick and easy stamp and signature, right? Unfortunately, notarizing documents for family members can be a best-practices minefield.

Is It Legal to Notarize a Document for a Family Member?

The legality of notarizing a document for a family member is the first thing that needs to be considered. Like most things regarding notary law, it depends on where you are. Many state laws don’t prohibit doing it, which makes it technically legal. However, some states, such as Florida, explicitly forbid notaries from serving their family members. Pennsylvania notary publics may not perform a notarial act with respect to a record in which the notarial officer or the notarial officer’s spouse has a direct or pecuniary interest. If you’re considering working with a family member, be sure to review your state laws carefully.

Is It Ethical to Notarize a Document for a Family Member?

The question of how ethical it is to do this is a bit murkier. If you’re notarizing a document for some extremely distant relative you’ve never met and have no financial association with, including potential ties like inheritance, then it probably isn’t strictly unethical.

Close family members can be more of a problem, however. Even if you’re not involved in a situation that requires a document to be notarized, you likely still have some potential stake in it. For example, if you notarize something related to financial assets for your parents or siblings, there’s a good chance you might inherit it when they pass away, which creates a small but important conflict of interest.

Even if you don’t stand to inherit anything, your close ties can cast doubt on your impartiality as a notary. While it may not be problematic enough to invalidate your notarization, it can complicate things in legal proceedings.

Notarizing a Document for a Family Member: Should You Do It?

As a general rule, most notaries and notary associations agree that it’s inadvisable to work with family members in this capacity, even if you’re allowed to do so in your state. It’s a much better idea to refer them to colleagues who can handle it for them.

When To Refuse a Notarization for a family member?

A Notary Public should comply with every request to notarize a document, but there may be times when the request is unreasonable or unlawful. It is unlawful for a Notary to notarize their own signature and it is also unlawful for a Notary to notarize a document for a family member or friend which names the Notary in the document. Notarizing these documents renders them invalid and could cause repercussions for the notary.

Notaries are also prohibited from notarizing documents when there are vested benefits. Vested benefits are interests that contain a promise of present or future enjoyment. A good example of where a notary might experience a vested interest is with a mortgage or deed on a home or with a transfer of ownership. For example, if a notary is asked to notarize a document for her husband that involves the sale and transfer of ownership of her mother-in-law’s property, although the Notary is not named, there will be an indirect benefit to the notary in the future.

There are other transactions in which a notary may obtain a beneficial interest. This may occur with transactions where the notary is named as a trust or beneficiary on a pension. Even though the notary is not the owner of the fund, he/she may have the potential of receiving benefits from the fund based on certain conditions.

Author: Notaries Equipment Company | Article Source: https://www.notariesequipment.com/blogs/news/can-you-notarize-a-document-for-a-family-member