Notary Myths Busted: What Notaries Can and Can’t Do
Notaries are often misunderstood, and there are plenty of myths about what we can and can’t do. At Trusted Identity Partners (TIP), we work every day to provide reliable notary services while educating our community about what notaries are legally empowered to do—and, just as importantly, what we aren’t.
If you’ve ever wondered about the limits of a notary’s authority or found yourself confused by conflicting advice, this post is for you. We’re breaking down the most common notary myths and explaining the truth behind them.
Myth #1: Notaries Can Give Legal Advice
One of the biggest misconceptions is that notaries are lawyers in disguise. While notaries are trained to witness signatures, verify identities, and ensure documents are properly executed, we are not licensed to give legal advice.
This means we cannot:
Explain the meaning of legal documents.
Suggest changes to contracts.
Advise you on your legal rights.
At TIP, our notaries are trained to guide you through the notarization process itself—such as confirming identification, making sure the document signer is willing and aware, and completing the notarial certificate—but we will always refer legal questions to a licensed attorney.
Myth #2: Notaries Can Certify Copies of All Documents
Another common myth is that notaries can certify copies of any document. The truth is, not all documents are eligible for notarized copies.
Allowed: Certain personal documents such as passports or driver’s licenses may be eligible for copy certification, depending on state law.
Not allowed: Vital records (birth certificates, marriage certificates, death certificates) usually cannot be certified by a notary. These must be obtained from the issuing agency.
TIP’s notaries can verify copies of eligible documents, but if a document is restricted, we will guide you to the proper authority to get the certification you need.
Myth #3: Notaries Can Witness Signatures Remotely Without State Approval
With the rise of remote and online notarization, some people assume that any notary can notarize documents online from anywhere. This is not true.
Remote notarization is strictly regulated and only allowed if your state permits it. Additionally:
Both the signer and notary must be physically present on a secure video platform.
Specific technology that meets state requirements must be used.
The notary must follow all identification and record-keeping protocols.
TIP does not currently offer remote notary services.
Myth #4: A Notary Can Sign or Create Documents for You
A notary can witness your signature, but we cannot sign on your behalf. Just as importantly, notaries cannot create or draft documents for you. Our role is limited to verifying identities, witnessing signatures, and ensuring that the notarization itself is legally valid.
This means we cannot:
Draft contracts, affidavits, or powers of attorney.
Fill in missing information on forms.
Advise you on what should be included in a document.
Signing or creating a document on someone else’s behalf could be considered fraud and is strictly prohibited. At TIP, we make sure each document is signed in the presence of our notary, leaving the creation of content to the document owner or a licensed attorney.
Myth #5: Notaries Can Refuse to Notarize Any Document for Any Reason
Some people think notaries are required to notarize every document presented to them. This is a myth. Notaries have the right to refuse notarization in certain circumstances, including:
The signer is not present or cannot verify their identity.
The signer does not understand the document or is under duress.
The document contains blank spaces or seems fraudulent.
TIP’s notaries prioritize integrity and legal compliance. If we must refuse to notarize a document, we explain why and offer guidance on how to resolve the issue.
Myth #6: All Notaries Are the Same
Notaries are often lumped together as though every notary performs the same duties everywhere. In reality, notary laws vary by state, meaning the powers and responsibilities of a notary in Arizona, for example, may differ from those in California or New York.
Some states allow electronic notarizations.
Some require journal entries for every notarization.
Fees and record-keeping requirements can differ.
TIP’s notaries are well-versed in Arizona’s specific laws, and we make sure every notarization we perform is fully compliant with state regulations.
Myth #7: Notarization Prevents Fraud
Many people assume that simply notarizing a document guarantees it is fraud-proof. Notarization does not guarantee a document is legally valid or immune to fraud. Instead, notarization provides:
Verification that the signer is who they claim to be.
Proof that the signature was made willingly.
A formal record in case the document is later contested.
TIP’s notaries provide thorough, professional service to ensure that your notarization meets legal standards, but we also remind clients that notarization is just one layer of protection.
Myth #8: Notaries Can Notarize Documents for Family Members
Another common myth is that notaries can freely notarize documents for relatives. In fact, most states prohibit notarizing documents where a conflict of interest exists, such as notarizing your own documents or those of close family members.
TIP’s notaries carefully follow conflict-of-interest guidelines to ensure that every notarization is legally sound and unbiased.
Myth #9: Once a Document Is Notarized, It Cannot Be Challenged
Finally, some people believe notarization makes a document legally unchallengeable. This is not true. While notarization provides a formal verification of the signature and identity of the signer, documents can still be disputed in court.
TIP’s notaries maintain accurate records and follow every legal step meticulously, which strengthens the credibility of your notarized document if it is ever contested, but notarization is not an absolute safeguard.
The Bottom Line: Know What Your Notary Can Do
Notaries are powerful allies in ensuring your documents are signed correctly and legally. At TIP, we are committed to providing accurate, professional, and compliant notarizations while busting myths that can confuse or mislead clients.
Here’s a quick recap of what notaries can do:
Verify identities.
Witness signatures.
Administer oaths and affirmations.
Certify copies of eligible documents.
Keep accurate records of notarizations.
And what notaries cannot do:
Give legal advice.
Draft or create documents.
Sign documents on behalf of others.
Guarantee a document is fraud-proof.
Notarize documents with conflicts of interest (like your own or family members’).
Understanding these distinctions can save you time, stress, and potential legal issues. The next time you need a notary, you’ll know exactly what to expect—and TIP’s expert notaries will be ready to help every step of the way.
Trust TIP for Your Notary Needs
Whether you need a quick notarization for a business contract, a real estate document, or personal paperwork, TIP is here to make the process seamless and professional. Our notaries are knowledgeable, friendly, and fully compliant with Arizona state law.
We hope this guide has cleared up some of the common myths about notarization. If you’re ready to schedule a notary service or have questions about a specific document, contact Trusted Identity Partners today. Your documents—and peace of mind—are our priority.