Also known as:notaries public · notary publics · notary
Written by attorneys · grounded in primary & secondary sources — see below
A public officer authorized by a state to administer oaths, certify documents, attest to the authenticity of signatures, and perform official acts in commercial matters such as protesting negotiable instruments.
Sources & Authorities
How it applies
Common Examples
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Will Acknowledgment Before Notary
Norman presented his signed will to the bank notary during a credit renewal. The notary recorded the acknowledgment in the journal after Norman signed without verbal reference to the document. The will satisfied the statutory acknowledgment requirement under the Uniform Probate Code.
Self-Authenticating Power of Attorney
Maria Lopez's estate offered a durable power of attorney bearing a notary certificate of acknowledgment. Riverside Hospital introduced the document without calling the notary. The court admitted the form as self-authenticating under the evidence rules.
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Blake signed Oliver's name on the power of attorney at Lisa's direction while company notary Hector watched. Hector obtained an acknowledgment from Blake and affixed the notary stamp. The signature carried the statutory presumption of genuineness.
Paternity Acknowledgment by Notary
Mr. Vincent and Mrs. Patterson appeared before a notary public and executed a form acknowledging Vincent as the father of their child. The birth certificate was later changed to reflect Vincent's name. The notarized acknowledgment created Vincent's legal support obligation under state law.
Labine v. Vincent401 U.S. 532 (1971)
Spousal Consent Witnessed by Notary
The surviving spouse consented in writing to the participant's beneficiary designation. The consent was witnessed by a plan representative or notary public. The notarized consent satisfied the waiver requirements under ERISA.
Boggs v. Boggs520 U.S. 833 (1997)
Notary Negligence in Will Preparation
A notary public prepared a will but negligently failed to direct proper attestation. The intended beneficiary suffered damages when the will was held invalid. The notary faced tort liability to the beneficiary despite lack of privity.
Lucas v. Hamm364 P.2d 685, 690 (Cal. 1961)
Common questions
Frequently Asked
4
What functions does a notary public perform?+
A notary public administers oaths, certifies documents, attests to the authenticity of signatures, and performs official acts in commercial matters such as protesting negotiable instruments.
Supporting sources
When is a document self-authenticating because of a notary?+
A document accompanied by a certificate of acknowledgment lawfully executed by a notary public or other authorized officer is self-authenticating under the Federal Rules of Evidence. The proponent need not call the notary or offer other extrinsic evidence of authenticity.
Supporting sources
How does notarization affect a power of attorney signature?+
A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Does a will require acknowledgment before a notary?+
Under the Uniform Probate Code a will is valid if the testator acknowledges it before a notary public or other individual authorized by law to take acknowledgments.
520 U.S. 833 (1997)Family Law
…beneficiary, which designation also cannot be changed without further spousal consent, witnessed by a plan representative or notary public. § 1055(c)(2). Sandra Boggs, as the surviving spouse, is entitled to a survivor's annuity under these provisions. She has not waived her right to the survivor's annuity, let alone consented…