A notary is supposed to be an impartial witness. When the notary, or someone close to them, has a stake in the document, that impartiality is in question. Every state addresses this, and "can I notarize for my family?" is a common exam topic.
The two kinds of conflict
State laws generally bar notarizing when:
- The notary, or a close relative, is a party to the document, or named in it; or
- The notary would benefit from the transaction beyond the notary fee.
Related: What to Expect on Your State’s Notary Public Exam
How states draw the line
The list of relatives varies considerably:
- Florida bars notarizing a signature if the signer is the notary's spouse, son, daughter, mother or father. It also bars notarizing when the notary has a financial interest in, or is a party to, the underlying transaction.
- Colorado treats a notary as having a disqualifying interest if the notary, or the notary's spouse, civil union partner, ancestor, descendant or sibling, is a party to or named in the record, or if the notary or their spouse or partner would receive an advantage worth more than the notary fee.
- Arizona bars a notarial act if the notary or the notary's spouse is a party to the record or has a direct beneficial interest in the transaction.
So notarizing for a sibling might be prohibited in one state and allowed in another. Always answer from your own state's law.
Notarizing for your employer
Many notaries are commissioned through their jobs. States generally allow it: Florida's law says a notary who is an employee may notarize for their employer, and that the employment alone doesn't create a financial interest or make the notary a party to the transaction. The line is crossed if the notary personally benefits from the specific transaction.
What happens if a notary ignores the rule
In several states, a notarial act performed despite a disqualifying interest is voidable: it can be challenged and set aside. Colorado and Arizona both say so. The notary may also face discipline, and the document's validity may be questioned later, often at the worst possible time for the signer.
A special case: marriage ceremonies
In states where notaries can perform weddings, the family rules may not apply the same way. Florida notes that a notary may marry relatives, because in that role the notary isn't notarizing the couple's signatures.
A safe habit
Even where the law allows it, many notaries decline to notarize for relatives. If there's any doubt, refer the signer to another notary. Try our notary exam practice questions.