Can a Notary Notarize for Family?

Can a Notary Notarize for Family? The answer is maybe.
There are some states that do not allow notaries to notarize for family members due to the potential for fraud.

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Yes, a notary can notarize for family.

There is no federal law that prohibits a notary from notarizing for family members. In fact, the only restriction on who a notary can perform a notarization for is found in most state laws, which generally prohibit a notary from notarizing for themselves. Some states place additional restrictions on notarizations for certain family members, such as prohibiting a notary from notarizing for their spouse. However, even in these states, the restriction is typically only applicable in specific situations, such as when there is a direct financial interest in the transaction.

There are some exceptions, however.

A notary public cannot notarize a document for a spouse, parent, child, sibling, grandparent, or grandchild — even if there is no direct family relationship, such as between cousins. The following language appears on most notary commissions: “I will support the Constitution of the United States and the Constitution of [state] , and that I will faithfully discharge the duties of Notary Public to the best of my ability.” Because Notaries are sworn to perform their duties impartially, they cannot refuse to serve anyone who comes before them during their commission — with some exceptions.

If the notary is related to the signer by blood or marriage, they cannot notarize.

A notary public is an unbiased witness who verifying the identity of a person who is signing a document. The notary makes sure the signer is who they say they are and that they understand what they’re signing. Because of the important role a notary plays in protecting against fraud, most states have laws that prohibit notaries from notarizing documents for certain people with whom the notary has a close relationship.

If the notary public is related to the signer by blood or marriage, they cannot notarize. This includes parents, children, siblings, aunts, uncles, first cousins, nieces, nephews, in-laws, and step-relatives. The reason for this prohibition is to prevent fraudsters from using family members to vouch for their identity.

Likewise, a notary public cannot notarize for their own spouse even if the spouse is unrelated to them by blood or marriage. In many states, the spouse of a notary public is considered to have a Conflict of Interest and is therefore prohibited from being Notarized by their own spouse.

If you need to have a document Notarized and you are related to the Notary Public by blood or marriage, you will need to find another Notary to perform the service.

If the notary is the signer’s spouse, they cannot notarize.

If the notary is the signer’s spouse, parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, or first cousin; or if the notary is related to the signer by marriage (including a former spouse), they cannot notarize.

If the notary is the signer’s parent, child, or sibling, they cannot notarize.

If the signer is related to the notary by blood or marriage (e.g., parent, child, grandparent, grandchild, niece, nephew, uncle, aunt, brother, sister, husband, wife), the notary cannot act in the capacity of a notary public. A notary who violates this provision shall be guilty of a felony of the third degree

If the notary is the signer’s grandparent, grandchild, aunt, uncle, niece, or nephew, they cannot notarize.

If the notary is related to the signer by blood or marriage, up to and including first cousins, they cannot notarize. If the notary is related to the signer by affinity (marriage) they can notarize.

If the notary is the signer’s first cousin, they cannot notarize.

A notary public cannot notarize for family members. This includes parents, grandparents, children, grandchildren, siblings, aunts, uncles, cousins, and in-laws. The reason for this restriction is that a notary may have a conflict of interest when performing a notarization for a family member. In addition, some state laws specifically prohibit notaries from notarizing for family members.