Recently, Notaries have reached out to the NNA for assistance when faced with handwritten documents requiring notarization. The most common inquiries include:
Is it permissible to notarize handwritten documents?
Are there specific procedures that Notaries need to adhere to when notarizing handwritten documents?
Are there any particular considerations when notarizing a handwritten document?
Let’s delve into the legal aspects of handwritten documents and address your queries.
Is it permissible to notarize handwritten documents?
Indeed, it is. In the early days of the United States, handwritten documents were prevalent. Notaries routinely notarized handwritten documents as part of their authorized notarial duties. Even in contemporary times, various types of documents such as wills, deeds, contracts, powers of attorney, etc., can still be lawfully handwritten. What was acceptable and legal in the past remains so today; Notaries are authorized to notarize handwritten documents. Moreover, it is the signer’s signature that is notarized, not the document itself. Signatures are typically handwritten.
Are there specific procedures that Notaries need to follow when notarizing handwritten documents?
However, it is crucial to note that for a Notary to legally notarize any document, a completed notarial certificate must be provided and attached. In the case of a handwritten document, the notarial certificate can be handwritten, machine-printed, or machine-typed. Even when dealing with a typed or printed document, a Notary has the option to handwrite the notarial certificate to be attached. The focus of the law is on the content of the document, not the paper format. If the content is satisfactory and the certificate wording aligns with state laws, a handwritten notarial certificate is acceptable.
A common concern when a signer requests notarization of a handwritten document is the absence of notarial certificate wording. Many signers are unaware of the need for a certificate for the requested notarial act.
If a handwritten document lacks a notarial certificate, the signer – not the Notary – must select the type of notarization to be carried out. The Notary can provide sample certificate forms for acknowledgments, verifications on oath or affirmation, and signature witnessings. Subsequently, the signer can choose the desired act, and the Notary can either complete and attach a printed version of the chosen certificate form to the handwritten document, handwrite the selected form's language on the signer’s document, or handwrite the certificate on a separate page for attachment.
Are there any particular considerations when notarizing a handwritten document?
Due to common misconceptions about notarization, signers may mistakenly believe that notarizing a handwritten document will render it ‘valid’ or ‘legally binding’ and may seek advice from the Notary. This is incorrect; notarization does not validate or legalize a document. The notarization verifies the signer's identity, signature, and willingness and competence to act. If a signer requests to 'legalize' or 'validate' a handwritten document, the Notary should clarify the purpose of notarization and recommend seeking legal advice from a qualified attorney for questions about making a document legally binding.
As highlighted in this article, handwritten documents can be confusing for both signers and Notaries. When asked to notarize a signature on a handwritten document, it is advisable to adhere to the fundamentals of Notary law and best practices to ensure compliance.
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