Can a Notary Notarize a Permission or Consent Form? 📃
Preparation is key for your notarial appointment.
Permission and consent forms show up in many areas of everyday life.
Someone may be giving another person permission to travel with a child, pick something up on their behalf, participate in an activity, access certain information, or handle another specific matter.
Sometimes these documents include a notarization requirement.
Other times, they don't.
So what should you do when someone tells you that your permission or consent form needs to be notarized?
First, Check the Form
Before scheduling a notary appointment, read the entire document and any accompanying instructions.
Look for information explaining:
Who must sign
Whether witnesses are required
Whether notarization is required
What type of notarization has been requested
Whether the receiving organization has provided specific instructions
Not every consent or permission form requires notarization simply because it contains a signature.
What Is the Notary Actually Notarizing?
This is an important distinction.
A notary doesn't simply place a stamp on a permission form to make the document "official."
Instead, the notary performs an authorized notarial act involving the signer.
The particular requirements depend on the notarial act being performed and applicable state law.
Does the Notary Verify the Permission Being Given?
Generally, the notary's role is not to investigate the underlying situation or determine whether the terms of the permission are legally appropriate.
Nor does notarization necessarily prove that every statement contained in a document is true.
The notary's responsibility concerns the proper performance of the requested notarial act.
What If the Form Doesn't Say What Kind of Notarization Is Needed?
This is where signers sometimes run into trouble.
If you've simply been told, "Get this notarized," but the document doesn't indicate what notarial act is required, contact the organization requesting the form.
The receiving party or document preparer can tell you what it requires.
A non-attorney notary generally should not make a legal decision for a signer by selecting a notarial act when doing so would constitute unauthorized legal advice.
Should You Sign Before the Appointment?
That depends on the notarial act required.
Some acts may require the signature to be made in the notary's presence, while others operate differently.
If you aren't sure, waiting to sign until you meet with the notary can help avoid unnecessary complications.
Bring Appropriate Identification
Even though the document may seem relatively simple, normal identification requirements still apply to the notarization.
Have acceptable identification available and make sure the name on your identification can be properly connected with the name appearing on the document under applicable requirements.
A Permission Form Isn't Automatically a Legal Form
Permission and consent documents can range from simple everyday forms to documents carrying significant legal consequences.
A notary's involvement does not mean the notary drafted, reviewed, approved, or provided legal advice regarding the document.
If you have questions about what rights you're granting, what the document means, or whether you should sign it, those questions should be directed to an appropriate qualified professional.
When someone tells you, "This form needs to be notarized," don't focus only on finding a stamp.
Take a moment to find out what the receiving organization actually requires.
Bring the complete document, appropriate identification, and any instructions you've received to your appointment.
A little preparation can make the notarization process much smoother.
