Need a Document Notarised for a Family Member?

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We often get asked through our social media sites if a notary may be able to notarise a document for a family member? Since this is something many people wonder about, we thought it would be good to explore this and provide key insights to help you navigate this process.

 For those unfamiliar with this language, notarisation is the process of verifying the authenticity of a document and the identity of any  signatories, ensuring that all parties are acting willingly and under legal compliance.

Notarisation helps prevent unverified documents, ensures compliance in line with legal requirements, and makes documents more credible after a loved one passes.

Now, many assume they can easily notarise documents for family members, but requirements  vary depending on state rules. Let’s look at regulations in the United States and Australia and reflect on  information to help you avoid things not going well.

So, Can a Notary Legally Notarise a Document for Family?

Most states require a notaries are required to do a course like a Justice of the Peace or similar to perform this task. Notary laws differ significantly across regions, meaning some jurisdictions permit notarising for family members, while others prohibit it to prevent conflicts of interest. Check your local laws to know what situation applies to you:

1. Review Local Laws: Check your specific state or territory’s notary regulations regarding notarising for relatives.
2. Assess Personal Interest: Ensure you do not have a direct financial or beneficial interest in the document being verified.
3. Consider Impartiality: Evaluate whether your relationship could be perceived as compromising your impartiality.

Facts about notarisation in Australia

The Australian Government provides some notarial services, depending on whether they are requested within Australia or overseas. Please don’t forget that fees are charged for these services.

Both Justices of the Peace (JPs) and Notary Publics can certify people’s identities on documents and authenticate true copies of original documents. However, a JP can only provide assistance within Australia, whereas a Notary Public is recognised both domestically and internationally.

You may now be wondering, where do I start?

1. Book an Appointment: Find a notary public or Justice of Peace.
2. Gather Your ID & Documents: Bring along printed copies of the necessary documents.
3. Show Up in Person: You must attend the appointment in person.
4. Wait to Sign Until You’re There: Don’t sign anything before meeting with the notary.
5. Pay the Notary (If Required): Be prepared to pay for the notarial service if needed.
6. Double-Check the Notary’s Stamp: Ensure the notary has stamped the document correctly with their details.
7. If Sending Documents Overseas: Check the requirements of the institution receiving your document.
8. Use MyBio.life™ for Document Storage: After notarisation, securely store your important documents using MyBio.life™, our app platform designed to keep life documents and essential information safe and accessible for after a loved one passes..

Source: Legal Vision

Facts about notarization in the United States

In the United States, notary laws differ by state. While some states prohibit notaries from notarizing documents for immediate family members—such as spouses, children, parents, or siblings—to avoid conflicts of interest, others may allow it under certain circumstances. However, notarizing for family members is generally discouraged to maintain impartiality.

For example:

• Florida: A notary is unable to notarize the signature of particular family members.
• Virginia: A notary is unable to authenticate their own signature, their spouse’s signature, or any document where they or their spouse are a party.
• Ohio: A notary can notarize for a family member, provided they have no financial or beneficial interest in the document.

Why Does This Matter?

The main concern with these rules is a conflict of interest. If a notary stands to gain from a document they notarize, whether financially or personally. Even if notarizing for family is allowed in your state, it’s generally discouraged to avoid potential legal issues.

Quick-Check List for the United States

Before proceeding, some useful questions to consider:

• What are your state’s laws? Some states allow notarizing for family, while others prohibit it. Always check your state’s notary handbook or official website.
• Do you have a financial interest? If you stand to benefit from the document, you may like to refer your family member to another notary.
• Could your impartiality be questioned? Even if it’s legal, notarizing for family might raise concerns about fairness.
• Is there another notary available? If possible, using an unrelated notary helps ensure credibility and avoids potential legal challenges.

Common Documents That Require Notarisation

Notarisation ensures that important documents are legally valid and protected. Whether you are buying a home, setting up a power of attorney, or handling business agreements, a notary helps verify identities. We included some of the most common documents that often require notarisation:

1. Legal and Estate Planning Documents

   – Wills and Trusts. Some regions require wills to be notarised, and even if they don’t, notarisation can help prevent disputes in the future.  

   – Power of Attorney (POA). Since a POA grants someone the legal right to act on your behalf, most regions require it to be notarised for validity.  

   – Affidavits. These sworn statements are often used in official matters, and notarisation ensures their authenticity.

2. Real Estate Documents

   – Property Deeds. If you’re transferring property ownership, a notarised deed is usually required.  

   – Mortgage Agreements – Lenders often require notarised signatures to confirm loan agreements.  

   – Lease Agreements. While not always necessary, some long-term leases, especially for high-value properties, may need notarisation.

3. Business and Financial Documents

   – Loan Agreements. Many financial institutions require notarisation for added security and fraud prevention.  

   – Business Contracts. Documents such as partnership agreements or incorporation paperwork may need notarisation to be legally binding.  

   – Promissory Notes. If lending or borrowing money formally, notarisation can protect both parties.

4. Medical and Consent Forms  

   – Medical Power of Attorney. This allows someone to make healthcare decisions on your behalf and typically requires notarisation.  

   – Parental Consent Forms. If a minor is travelling without both parents, a notarised consent form may be required by airlines or immigration authorities.

5. International and Immigration Documents  

   –  Passport Consent Forms. If one parent is applying for a child’s passport, the other parent may need to provide a notarised consent form.  

   – Visa and Immigration Documents. Some countries require notarised documents for visa or residency applications.  

   – Foreign Adoption Paperwork. International adoptions often involve notarised legal documents to ensure legitimacy.

Notary requirements vary by state or country, so it’s always best to check local regulations before getting your documents notarised.

Risks of Notarising for Family Members

Notarisation helps verify documents and the identities of signers, but notarising for family members can sometimes involve  ethical risks. It’s important to understand these risks, especially if you’re a notary or thinking about asking one to notarise a document for a relative.

1. Conflict of Interest

The primary concern with notarising for family members is the potential for a conflict of interest. Notaries are required to be impartial and neutral. No party should benefit unfairly from the document. 

Notarising for a family member could be perceived as biased, especially if the notary stands to gain from the document’s outcome. For example, a notary involved in the distribution of a Will or a real estate transaction could be seen as compromised.

2. Legal Challenges

 

In some states, notarising documents for family members can lead to legal challenges if the notarisation is questioned in court. If the notary is seen to have interest in the outcome, whether financially or personally, the document could be invalidated. Some jurisdictions explicitly prohibit notaries from witnessing documents for close relatives like spouses, children, or parents to avoid such situations.

 

3. Impairment of Impartiality

 

Notarising for family members could raise doubts about whether the notary was truly objective when witnessing the document’s signing. If the relationship between the notary and the signer is close, it can be harder to establish impartiality, which could lead to the document being contested or the notary’s credibility being questioned.

 

4. Misunderstanding of Laws

 

Different states  have varying laws regarding notarising for family members. In the United States, some states prohibit notaries from notarising documents for their immediate family, while others allow it under certain circumstances. In Australia, a similar approach exists, with notarial services provided by Justices of the Peace (JPs) or Notary Publics. Knowing the specific laws in your area is crucial to avoid legal issues.

 

5. Potential Coercion  

Notarising for family members may expose the notary to situations where the signer is not acting willingly or is being coerced into signing. Notaries have a duty to ensure that all signers are doing so voluntarily. The personal relationship between a notary and their family members could lead to situations where undue influence is exerted, resulting in a document being signed under pressure.

 

While notarising for family members might seem straightforward, these risks highlight the importance of maintaining professionalism and adhering to legal standards. It’s always a good idea to consult local notary laws to understand the rules and best practices around notarising for relatives. If in doubt, it’s best to avoid notarising family members or seek an impartial third party.

Make Document Access Easier for Your Family

Making sure your family can access important documents when needed is crucial, especially for legal, financial, and healthcare matters. 

Whether it’s ensuring your estate plan is easy to find or keeping your medical records organised, there are simple steps you can take to streamline the process. Here are a few tips to help your loved ones access important documents with ease:

1. Create a Digital Document Storage System

Digital solutions can significantly simplify document access. Use cloud storage platforms like Google Drive, Dropbox, or Mybio.life to store essential documents. These platforms allow you to organise documents by category (e.g., legal, medical, financial) and share access with trusted family members. Ensure the platform is secure with strong encryption to protect sensitive information and regularly update access permissions.

2. Organise Your Documents  

When storing documents digitally or physically, organisation is key. Create easily identifiable folders for each category, such as:

   – Legal Documents: Wills, power of attorney, contracts  

   – Medical Records: Health history, insurance details, prescriptions  

   – Financial Records: Tax returns, bank statements, investment information  

Clear labels and regular updates will help your family quickly find what they need in an emergency.

3. Use Notarisation for Key Documents

Some critical documents, such as a Power of Attorney or Will, may need notarisation for validity. For example, a Power of Attorney or Will should be notarised to ensure legal recognition. Notarised documents should be stored securely and made accessible to trusted family members through your digital system.

4. Share Access with Trusted Family Members

Trusted family members need to know where to find your documents and how to access them. Platforms like Mybio.life allow you to share documents with those who need them, ensuring secure access. Set up a list of emergency contacts and provide instructions on how to access important documents in urgent situations.

5. Set Up Emergency Access Options

You never know when you might need someone to access your documents on your behalf. Consider setting up emergency access options that allow designated individuals to retrieve or manage your documents if you are unavailable. Our App Mybio.life offers a structured way for your family to access documents securely, whether for health issues or to manage finances.

6. Regularly Update Your Documents

Your documents need to  be regularly updated, especially things like Wills, financial plans, and medical information. Outdated documents can cause confusion or legal problems. Inform your family about updates and guide them on where to find the latest versions.

By setting up a digital storage system, organising documents, and allowing trusted family members access, you can provide peace of mind and ensure your loved ones can easily access important documents when needed.

For more tips on organising your documents and making them accessible, visit mybio.life. Australia’s most trusted source for securely storing and managing essential information.