Just What Is A Notary Public Anyway?

It seems like half the important documents that cross our desks must be notarized. We have to take our documents, hunt through the phone book for a notary public near us and then actually go take care of our business in person — a real rarity with all the online, over-the-phone and drive-up options available to us.

Just What Is A Notary Public Anyway?

A notary is the person that we take important documents to — most of the time we don’t think further. But it’s worth considering just what you’re getting when a notary public signs off on your deed, power-of-attorney or will.

By law, a notary is a public officer. He or she is usually appointed: in countries other than the U.S, the number of notaries are far more limited and they are often required to have some form of higher education. As a result, a U.S. notary public’s powers are limited in comparison to other countries. There are exceptions within the U.S — Louisiana and Puerto Rico’s laws are significantly different from the rest of the country’s.

Even so, a notary public’s function is still quite crucial. Notaries serve as impartial witnesses, usually providing proof that a certain person signed a particular document. They can also be responsible for taking acknowledgments and oaths: they can witness affidavits and a number of court proceedings. Many court reporters are also notary publics, allowing them to swear in witnesses during depositions.

From state to state, a notary public’s exact duties can vary. In Maine, Florida and South Carolina, a notary public can officiate at a civil marriage. In Maine, a public can witness third-party absentee ballot. In South Carolina, a notary can witness the renunciation of inheritance. A notary public’s duties in the state of Louisiana are significantly greater than those in other states. Essentially, a notary public in Louisiana can prepare many legal documents that a lawyer would normally handle. You may not need to rush out and learn every single power your local notary has, but you may be surprised how helpful knowing a notary public can be.

Why Do You Care?

Knowing about just what you can expect a notary public can come in handy. Going beyond just knowing what you’re spending your money on, you know when you might have to hunt down that notary again: if there’s ever a court case disputing any legal document that you had notarized, calling in your notary public can address such issues in a hurry. It’s also worth considering that a notary public can provide some services that you might otherwise need a lawyer for, especially when you travel outside of the U.S.

And if you’re looking for a part time career and you pass the requirements to become a notary public in your state, becoming a notary public yourself can be worthwhile. Check your state government’s website for more information about the requirements and duties for a notary public where you live if you have an interest in becoming a notary public.