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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.

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This article was written by:

thursday - who has written 164 posts on Wealth Junkies.

Thursday Bram is a freelance journalist of over five years experience. Her work has focused primarily on personal finance and small business topics. She's also worked in both property management and real estate. More information about Thursday is available at thursdaybram.com.

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