Should you provide notarization for a family member? This question pops up frequently. Is it acceptable to notarize a document for someone in your family? I mean, doesn’t this make things simple for both the signer and the notary public? It does. But, and this is a big BUT – things could get complicated later on. Therefore, I advise that you avoid it. Please read our article on Common Notary Mistakes.
Our advice is that you DO NOT notarize for a family member. There are countless situations that can develop in the future. To learn more about avoid this and other potential problems, We recommend watching Michael Closen’s YouTube video.
We have to first take into account that a notary public can in no way benefit from a document that they have performed service to. Servicing the document of a family member exposes us to a “conflict of interest.” It may seem innocent at the moment. But even the slightest hint of a conflict can place you in the crosshairs down the road. It just isn’t worth it. The easiest solution is to recommend the family member see another notary. Just because you don’t see a possible problem does not mean it doesn’t exist.
Let’s create an example. Your brother asks you to provide service on some real estate property that he purchased. This seems innocent, doesn’t it? Now, let’s go forward three years. Sadly, your brother passes away unexpectedly. Suddenly, you may have either a direct, or indirect, financial interest in that real property. So, you provided notarial service on a document where you have possible benefit. It’s not a big step to see where you innocently violated ethical practices.
Notary law varies from one state to another. There are states that may allow notarization for a family member, at least to a certain degree. Usually immediate family members like: parents, children and siblings would be in violation in any state. Now, if it’s a niece or a third cousin, things become more ill-defined. The solution is to always ask yourself if assisting a relative provides the best result for all concerned parties.
We must always consider the consequential aspects of our actions. This is true when a notarial act seems innocent on the surface.
Our aim to remind notaries to take their obligation seriously. It can be easy for any of us to become complacent. So, it doesn’t hurt to remind ourselves that we need to remain on guard.
We offer complete notary public training. Our focus is on helping you to pass the notary public exam and become a notary public in New York. Visit our About the Course page to find out more.
