Every now and then situations present themselves that require special assistance. In some cases, that means you need someone to make decisions and sign documents on your behalf. With a little research, you will quickly find you need something called an attorney-in-fact. Signing your decisions over to someone should not be taken lightly. Therefore, you need to fully understand the rights and responsibilities of an attorney-in-fact. In this article, we are going to answer all of your questions and more regarding the mysteries of the attorney-in-fact.

What is an Attorney-in-Fact?

An attorney-in-fact is a person who you choose to act on your behalf regarding personal or business related transactions. Interestingly enough, an attorney-in-fact does not have to be a trained attorney. You can choose anyone you know and trust to be your attorney-in-fact.

Sometimes called an “agent”, an attorney-in-fact is used for a number of reasons. For example, if a person is ill or of advanced age, they may want an attorney-in-fact to take over their affairs. More simply, a business person may assign a trusted employee attorney-in-fact status to deal with foreign business when they cannot be physically present.

No matter the occasion, an attorney-in-fact needs a power of attorney to make it official.

What is Power of Attorney?

A power of attorney is a document that officially makes someone an attorney-in-fact. Power of attorney (POA) documents are fairly simple but carry immense weight. Choosing an attorney-in-fact for your POA should not be taken lightly. We will discuss how to choose in attorney-in-fact in more detail later in this article.

For now, let’s discuss the types of POA documents and the various forms of power they provide.

Types of Power of Attorney

As previously stated, there are a number of reasons someone may need an attorney-in-fact. Therefore, it stands to reason that there are various types of forms and priveledges you can give them. While the following POA’s serve different purposes, they all must be notarized in order to be legally binding. There are four primary types of power of attorney documents: general, durable, special, and health care.

1. General Power of Attorney

As the name suggests, a general power of attorney gives the attorney-in-fact expansive powers. A general power of attorney can be ideal if you are going out of the country and need someone to handle certain affairs on the homefront while you are away. Furthermore, a general POA is best suited in situations where you are physically or mentally incapable of handling your own affairs.

With a general power of attorney, the attorney-in-fact can legally act for you in a variety of situations. Such as:

• Settling legal claims
• Purchasing life insurance (or altering the policy)
• Managing business operations
• Handling additional types of business and financial dealings

Often times, people will assign a general POA when settling their estate. You have the option to assign dates or circumstances in which the general power of attorney would become active.

2. Durable Power of Attorney

Sometimes unforeseen circumstances call our choices into question. Illness and accidents can either physically or mentally affect your ability to make decisions. However, in many cases, you wouldn’t want your estate to change. Therefore, having a durable power of attorney is a good idea. A durable power of attorney helps protect you and your assets in the event of incapacitation.

In a durable POA, you have the ability to require medical testing to determine your mental state. In fact, you can choose a specific doctor to do so. Additionally, you can require that two different doctors test you to further ensure a proper diagnosis. This all may sound like overkill, but you can never be too careful when it comes to managing your livelihood.

3. Special Power of Attorney

With a special power of attorney, you can dictate specific powers to your attorney-in-fact. This type of POA is ideal for when extenuating circumstances present themselves. For example, if you are a business owner and cannot be present for the signing of an important document. In this case, you could have your attorney-in-fact sign on your behalf, and their authority would only exist for that specific occasion. A special power of attorney may also be used for the following:

• Managing personal or business transactions
• Buying/selling property
• Collecting on debts
• Dealing with business transactions

These are just a few uses for a special POA. There are many circumstances in which a special power of attorney may work for you and your family or business.

4. Health Care Power of Attorney

The final type of POA is a healthcare power of attorney. As you may suspect, a healthcare POA is used to give your attorney-in-fact the power to make medical decisions on your behalf. In the event you become mentally incompetent or unconscious, your attorney-in-fact will be in charge of making important medical decisions. With a healthcare power of attorney, you can include your preferences regarding certain things like life support.

However, the healthcare power of attorney is not the same things as a living will. A living will is essentially your how-to guide about your personal preferences regarding an end-of-life plan. Some states allow you to mix both healthcare POA’s and living wills to make an advanced healthcare plan.

Choosing Your Power of Attorney Document

Clearly, you have some options when it comes to selecting a power of attorney document. While the aforementioned POA’s serve different purposes, it can be confusing choosing which is best suited to your needs. Furthermore, many states have different laws regarding the powers given to attornies-in-fact. Therefore, you should consult an attorney in your state to make sure you have the best plan for your state-specific laws.

How to Choose an Attorney-In-Fact

Clearly, defining the powers of your attorney-in-fact are important when selecting a power of attorney. Additionally, it is equally as important to use care when selecting the right attorney-in-fact. Keep in mind, you are giving this person the right to make decisions on your behalf. Often times, these decisions are regarding high-stakes financial, legal, or medical matters.

Two major qualities to look for are trust and dependability. You need to trust your attorney-in-fact to act selflessly and in your best interest. Furthermore, you need to choose someone you can count on to show up for you – sometimes time and time again. An attorney-in-fact is not a paying job. Therefore, you need to select someone that cares about you and your well being enough to help you for free. You can choose a family member, friend, or even a business as an attorney-in-fact.

Multiple Attornies-in-Fact

Interestingly enough, you can assign more than one attorney-in-fact. This can be a helpful way to establish a sort of check-and-balances system regarding your estate. However, sometimes adding multiple opinions to the pot can make decisions trickier and longer to process.

Attorney-in-Fact vs. Executor. vs. Trustee

To better understand the logistics of an attorney-in-fact, let’s go over some additional legal terms. Specifically, we are going to outline the differences between an attorney-in-fact, an executor, and a trustee.

Executor Definition

An executor is appointed by a person to handle their affairs after they pass away. You will likely hear the term executor utilized in relation to a will. A persons last will and testament details the fate of their estate. All of their assets, both valuable and sentimental, will be divided amongst friends and family as the holder of the will sees fit. An executor is the person responsible for seeing the wishes of their will through.

Like an attorney-in-fact, an executor can be anyone of your choosing. However, people often select attornies or lawyers to act as there executor.

Define Trustee

Like an executor or an attorney-in-fact, a trustee is correlated with a specific type of document. As we have discussed, an attorney-in-fact is given powers via a power of attorney. An executor is appointed through a will. A trustee, on the other hand, is tied to a trust. A trust is a way of placing assets under the ownership or control of a trustee.

A trust can include any number of assets, but most often includes money or property. The trustee is the legal owner of the assets within the trust. However, the trustee has ownership specifically to benefit the trust itself.

Power of Attorney After Death

What happens when the principle (aka the person who prompted the POA) dies? Sadly, when a principle dies, so do their power of attorney documents. Therefore, if you are an attorney-in-fact for someone who passes away, your power and duties end with their death.

This is where the aforementioned distinctions come in. As previously discussed, an executor is in charge of managing a persons post-mortem affairs. One person can, in fact, be an attorney-in-fact and an executor for another person. However, it is important to understand the differences in these roles and the powers they are given.

How to Notarize a Power of Attorney

Despite the different types of POA’s, there is one major similarity. All power of attorney documents need to be notarized. Given the amount of power an attorney-in-fact is given, it is vital to take this extra step. Notarization is an age-old act that helps fight fraud. Specifically, notarization makes documents more official in the eyes of the law. An unbiased witness, or notary, will oversee and approve of the signing of important documents. In order to properly notarize a power of attorney, it is best to come to your appointment prepared. Read on to find out everything you need to make your notarizations go smoothly.

1. The Power of Attorney (Document)

First of all, a notary is not a lawyer. Therefore, they do not provide or draft legal documents on your behalf. In fact, a notary is not legally allowed to give you legal advice regarding the contents of your document. Therefore, it is vital to come to your notary appointment with your power of attorney document in hand. Be sure you understand the document in full beforehand. If you have any questions regarding the legal specifics of your document, consult a lawyer prior to your notary visit.

Additionally, it is a good idea to have your document fully prepared prior to your appointment. Fill in any and all blank queries such as name, date, and contact information. However, resist the urge to sign or initial anywhere. Most states require that you sign the document in the physical presence of your notary.

2. Valid Proof of Identity

A cornerstone of successful notarization is proper identification of the signer(s). Therefore, be sure to double check that you have a valid form of photo i.d. with you. A valid driver’s license or passport are the most commonly accepted examples. In general, an accepted i.d. for notarizations should include the following elements:

• An accurate, recent photo of you
• A brief physical description (hair color, height, eye color)
• The issuing authority (i.e. the United States of America for a U.S. passport)
• Your signature

That being said, your birth certificate and social security card are unacceptable. However, state-issued i.d. cards and military identification will usually work. Bear in mind that every state has different rules and regulations. Be sure to check with your notary before you go in to make sure you come bearing the appropriate form of i.d. for your state.

3. All Necessary Signers

It is incredibly common for documents requiring notarization to need the signature of more than one person. If that is the case, you can save time and money by bringing all necessary parties to the same notary appointment.

Sadly, this is not always physically possible. Sometimes, the required signers live in different states or even different counties. Worry not, you can still get your document notarized legally. A document can be notarized multiple times and by multiple different notaries. However, the contents of the document cannot be altered between notaries. If there are any changes or amendments made, the notary process will have to start over. This ensures that all signers are aware and in agreement with the contents of the document.

4. Payment for the Notary

As with any service, the use of a notary comes at a price. Most notaries charge on a per-signature basis. These fees vary based on the notaries experience level and location. However, many states legally mandate a maximum fee a notary can charge. In California, for example, notaries cannot charge more than $10 per signature.

Be sure to check with your notary about their availability and fees prior to your appointment.

Lawyer vs. Notary

As briefly mentioned earlier in this article, a notary is a totally different role from a lawyer. To further illustrate this point, let’s discuss the difference in training.

A practicing attorney must successfully complete years of training and education. Moreover, most lawyers will hold various internships or apprenticeships with more established lawyers before going into practice themselves. Finally, a lawyer must pass a rigorous test known as the bar exam. The bar is a notoriously hard test that takes many people multiple tries to pass. Furthermore, attornies are specifically trained on state-specific laws relative to where they are practicing.

A notary, on the other hand, can be anyone over the age of 18 with no criminal record. A mere nine states require notary candidates to complete any sort of training. The states that do require training, provide a course that, at most, lasts a total of six hours. You can see why most notaries are not qualified to give you legal advice. Especially with documents regarding important legal or financial matters (like powers of attorney), be sure to consult a licensed attorney to answer any and all questions you may have.

Notary Near Me

Once you have all your legal questions answered, you shouldn’t have to go far to find a notary near you. With millions of notaries in America, you have options when it comes to picking a notary in your area. Read on to find out a few places you can find the services of a certified notary.

1. Local Businesses

Many businesses find it helpful to keep a notary on staff to help expedite in-office notarizations. Therefore, you can typically find a notary at many local offices. Start your search by checking at the following places.

• Real estate offices
• Car or home insurance agencies
• Car dealerships
• AAA offices
• Your place of business! Ask around your office, you may have a coworker who is a notary!

Better yet, notaries are servants of the public. Therefore, you do not have to be a customer or a client of any of the above businesses in order to utilize their notary.

2. The Public Library

Remember the good ole’ days of reading tangible books? Well, real books and the libraries that house them still exist! Take a trip down memory lane and treat yourself to the nostalgic experience of a library. Not only will you find thousands of books, movies, classes, and newspapers, but you can find the services of a notary as well. Better yet, libraries typically have very affordable notary fees. While you are in there, be sure to pick up a book or two. Enjoy the splendors or reading (and smelling) paper instead of a computer screen.

3. Universities and Colleges

Many towns and cities, big or small, have a local college or university around somewhere. Students and faculty can often reap the reward of affordable or free notary services. Check with your local education establishments about their notary fees and availability.

4. Various Mail Stores

For a real one-stop-shop, try your local mail stores. You can pack, ship, notarize, and mail all in one place. Specifically, the UPS Store and Mail Boxes, Etc have been known to provide notary services on site.

Better yet, these type of stores typically operate outside of regular business hours. This gives you a bigger time frame and more flexibility when it comes to finding a notary near you. Be sure to call ahead to confirm notary availability and fees.

5. Mobile Notary

Why run the roads searching for a notary when they can come straight to you? Many cities boast the time-saving splendor of mobile notaries. A mobile notary will come to a place of your choosing, typically your home or office. No need to kick yourself for leaving your i.d. at home here!

Like typically notaries, mobile notaries charge on a per-signature basis. However, mobile notaries will typically charge an additional fee to cover travel time and expenses. Check with your local mobile notary service about their specific fees and availability today.

Attorney-in-Fact: In Summary

Choosing an attorney-in-fact is an important decision that should not be taken lightly. An attorney-in-fact is a vital instrument in managing your affairs should you become unavailable or incapacitated. You have the ability to choose your attorney-in-facts powers by selecting the perfect power of attorney documents to suit your needs. Be sure to get your power of attorney notarized to make it official.

Sources

https://www.investopedia.com/terms/a/attorneyinfact.asp

https://www.notarize.com/knowledge-center/what-is-an-attorney-in-fact

https://www.investopedia.com/terms/t/trustee.asp

https://www.thebalanceeveryday.com/where-to-notarize-affidavit-896914

https://www.legalzoom.com/articles/what-does-a-trustee-do

https://www.thebalance.com/power-of-attorney-duties-3974714

https://www.investopedia.com/terms/t/trustee.asp

https://www.investopedia.com/terms/e/executor.asp

https://www.nolo.com/legal-encyclopedia/durable-power-of-attorney-health-finances-29579.html

https://www.rocketlawyer.com/article/power-of-attorney-poa-faq.rl

https://www.legalzoom.com/articles/what-is-a-power-of-attorney

The Difference between an Attorney-in-Fact, Executor and Trustee with Respect to Decision Making Authority

https://www.superiornotaryservices.com/blog/what-need-document-notarized/

Life is full of highs and lows – and it is simply a fact that these experiences often come with a boatload of paperwork. Often times, certain documents will require you to visit a notary public. While notarizations are relatively simple transactions, they carry significant legal weight. Better yet, they are easier to acquire than ever. In your notary search, you may even come across an “online notary”. However, the services of an online notary are not as convenient as they may seem. Read on to find out everything you need to know about proper notarizations.

What is a Notary?

Even if you have utilized the services of a notary, you may be unclear on what their true purpose is. You have likely gone to an office where a stranger watched you sign a piece of paper. Then poof! The notary stamps the document and all the sudden it has more legal clout.

Notaries are actually important soldiers in the fight against fraud. The primary role of a notary is to confirm a signers identity. Verify someone’s identity involves more than just checking a photo i.d. card. In fact, notaries confirm that someone understands what they are signing, and is choosing to do so willingly.

How to Get Something Notarized

Now that we know what a notary is, let’s talk about what happens during a notarization. First of all, a notary will check the signer’s valid photo i.d. to confirm their identity. Secondly, the notary will ask the signer if they understand the contents of the document they are signing in full. It is important to note that it is not the role of the notary to explain the contents to them (more on that later). Once they have confirmed understanding, the notary will make sure the signer is choosing to sign at their own free will.

Then the necessary parties will sign the document. Finally, the notary will sign and stamp a notarial certificate. This piece of paper is the crown jewel of a proper notarization.

What Should I Bring to A Notarization?

In order to efficiently execute a notarization, it is always best to come prepared for the occasion. A few simple steps can help save you valuable time and money in the notary process. First and foremost, you need to bring a few things with you to your appointment.

1. The Document

Have you ever torn your house apart looking for your sunglasses, only to find them sitting atop your head? We have all made silly mistakes like this, we are human after all! That is to say, you would be surprised how often people show up to get something notarized only to realize they left it sitting at home. Be sure to triple check you have the document with you before heading to your appointment.

Bonus time saver! Be sure to fill everything out before hand. For example, basic information like name, address, and contact info. However, save the actual signing for your meeting. Many states require you be in the physical presence of the notary when signing the document. Furthermore, take a few minutes to read over and double check everything is in order in your document. That way, if you have any questions about the contents, you can consult your lawyer before you visit the notary.

Notary vs. Lawyer

Let’s take this opportunity to quickly discuss the difference between a notary public and a lawyer. As previously stated, a notary cannot legally advise upon the contents of a document they are notarizing. Unlike a lawyer, a notary is not trained in the intricacies of the law. Lawyers and attornies undergo years of rigorous education and must pass the state bar exam to practice law. Notaries, on the other hand, will sit through a maximum of six hours worth of training. Furthermore, most states do not even require notaries to take an exam.

Therefore, if the document you need notarized is full of complex legal jargon – be sure to consult your lawyer prior to your appointment.

2. Proper Photo Identification

You have your document and you fully understand everything in it, check! Next, you need to bring along a proper form of current, valid photo identification. Necessary elements of an acceptable i.d. card are:

1. A Recent Photo – Sadly, your birth certificate and grocery store club card do not qualify as acceptable forms of identification. The card should have a clear and accurate photo of you
2. A Brief Physical Description – Bonus points for i.d. cards that include a basic physical description. Hair color, eye color, height, and weight are typical examples.
3. Your Signature – A valid identification card should also include your signature. This adds an extra layer of fraud protection, so the notary can compare your i.d. signature to the document you are signing.
4. Authority of Issue – Such as the state you are registered to drive, or the branch of the military you are serving in.

A valid passport or driver’s license are the most commonly accepted forms of identification. Check with your local notary to confirm acceptable forms of identification in your state.

3. Everyone Who Needs to Sign

Very often, notarizations require the signature of more than one party. If that is true in your case, bringing everyone involved to the same notary appointment can increase efficiency.

However, if that is impossible, you can have a document notarized more than once. In fact, different notaries can even perform the service. This is typically the case when signing parties live in different states. As you may suspect, this drastically increases the amount of time this process takes. Furthermore, it is important to understand that as the document goes through these notarizations, the content must stay the same. Any and all changes or amendment would call for the whole process to start over again. This protects the earlier signers from unknowingly accepting terms they did not originally agree to.

4. Payment for the Notary

The final piece to the notarization prep puzzle is bringing payment for the notary services. Typically, notaries charge on a per-signature basis. Most states mandate a legal maximum that notaries can charge customers. In California, for example, a notary cannot charge more than $10 per signature. We will discuss where to find a notary near you and the ranges in which they may charge, later on in this article.

Online Notary: Too Good to Be True

Hooray! We have now officially detailed what a notary is and what happens during a notarization. Therefore, we can finally talk about the notorious “online notary”. Simply put, websites offering the services of a notary completely online are simply not legal.

As we have laid out in detail, a vital element of a proper notarization is prooving the signer’s identity. While emails and the internet make this possible remotely, it is still not considered a viable notary transaction. Furthermore, most states require that you be in the physical presence of a notary when you sign the actual document. No, Facetime and Skype do not count!

Some states have been working on making remote notarizations legal, but it is still unacceptable in most states in the United States. Therefore, save yourself more hassle and legal drama by visiting a notary public the old fashioned way: in person.

Legal Language Services has a wonderful breakdown of the legal discrepancies of online notarizations. We are happy to report the magical services of mobile notaries not only exist but are completely legal. Read on to find out more about mobile notary services later in this article.

How to Sign Documents Online

To be clear – there are a number of reputable sites and services that allow you to sign documents online. DocuSign and Lumin PDF are two great examples. However, these sites simply offer ease and efficiency when it comes to signing documents. That is to say, signing and sending documents online is totally legal. However, if any of those documents require notarization, you still require the services of an in-person notary.

Many documents do not require notarization, and therefore using these signing services can be a helpful tool. You can save time and paper (yay for eco-friendly options!) by using these services as well.

Types of Notarizations

If you are in need of notarization, it is helpful to know that there are different types. There are three different types of notarizations: acknowledgments, jurats, and certified copies.

1. Notary Acknowledgment

An acknowledgment is the most common type of notarization. The process described above (in-person identification, willingness to sign, signing and stamping) is considered a standard notary acknowledgment. Certain details of that process may vary slightly depending on the state in which the notarization is taking place.

This type of notarization is often applied to documents dealing with ownership such as:

• Property deeds
• Title Transfers
• Powers of Attorney
• Wills and Trusts
• …and more!

The notary will positively identify the signer and their own willingness to sign. The signer will then acknowledge the contents of the document and true and full by signing in front of a notary.

2. Jurat Notarization

A jurat notarization includes the same steps as an acknowledgment, with one notable exception. In a jurat notarization, the signer will also verbally administer an oath or affirmation. This attribute is why a jurat is sometimes referred to as a “verification upon oath or affirmation”.

An oath is a verbal declaration of truth, specifically pledging honesty before God or a higher power. An affirmation, on the other hand, carries the same weight, but with no reference to spiritual power. It is entirely up to the signer whether they wish to acknowledge an oath or an affirmation.

A common oath will state, “Do you solemnly state that the evidence you shall give in this issue shall be the truth, the whole truth, and nothing but the truth, so help you God?” The notary will read the aforementioned statement and the signer must respond verbally with “yes” or “I do”. Physical acknowledgments, such as a nod of the head, are not acceptable.

Some notaries may additionally ask the signer to raise there right hand when pledging their oath. While not legally required, this simple action helps emphasize the seriousness of their promise.

Jurat notarizations are commonly used in matters dealing with the court system. Documents such as affidavits and depositions are commonly subject to jurat notarizations.

3. Certified Copies

The notarization of certified copies is the least common of the three types of notarizations. In fact, many states do not accept or allow certified copies. In the states that do allow them, a certified copy will confirm the authenticity of a reproduction of a document. It is imperative that the copy is identical, authentic, and complete. University degrees, passports, and other uniquely vital documents may be subject to a certified copy.

Notary Near Me

As we have clearly established in this article, the use of an online notary is not recommended (or legal in most states). Instead, you need to utilize the services of a notary public in person. You may be asking yourself “where can I find a notary near me?”. Fortunately, there are quite literally millions of certified notaries in America. Therefore, you likely do not have to look too far to find one in your area. Below are a few common places you can find a notary public.

1. The Bank

Considering you can deposit checks and transfer money online and through apps, it may have been a while since you have actually stepped foot inside of a bank. However, if you need a document notarized, it will be worth your while to take a trip to the bank! Most banks have a certified notary public on staff and on site at all times. Better yet, if you are an account holding member of said bank, you may qualify for complimentary notary services.

2. Certain Mail Stores

Certain mail establishments like the UPS Store and Mail Boxes Etc. will offer notary services to customers for a small fee. You can take care of all of your logistical needs (mailing, packing, etc) and take care of notarizations all in one place.

Moreover, these stores typically do not require appointments for notary services. Better still, these type of stores typically operate during extended business hours. This gives you the gift of time and flexibility in your notarization journey.

3. The Library

This may sound like a novel concept (pun intended), but libraries are a great place to check out more than just books. Treat yourself to the joys and smells of real-life books, and get your document notarized too! Many public libraries offer free or low-cost notary services. You don’t even need a library card to access this service! Although, you should get one – because that is free too. Enjoy your now expanded world of endless books, movies, notary services and more at your local library.

4. Local Government Offices

Whether you live in a small town or a big city, you likely have a government office or two in your midst. Some common examples are Town Hall, City Hall, your county courthouse, or the county clerks office. According to www.thebalanceeveryday.com, the New York City county clerk’s office offers free notary services to the public.

5. Businesses Near You

When beginning your search for a notary, you often have to look no further than your local businesses. Here are a few local places you may find a notary:

• Car dealerships
• Home and/or Auto Insurance Agencies
• Real Estate Offices
• AAA Branches
• Some Police Stations
• Your place of business! (someone in your office is likely a notary, you won’t even have to leave work!)

For many businesses, it is ideal to have a notary on staff for in-office notarizations in a snap. Keep in mind, notaries are servants of the public. Therefore, even if you are not a customer or a client of any of the aforementioned institutions, their notary will still have to help you.

6. Hotels

Whether you are traveling for business or pleasure, hotels can be a great place to get a document notarized on the go. Many hotels, particularly higher end hotels, offer a notary on site as a convenience to guests. If your hotel does not have this service, no need for dismay. Your hotel’s concierge or front desk attendant can likely point you in the direction of a local notary.

7. Mobile Notary

For the ultimate in ease and efficiency, consider hiring a mobile notary. Especially prevalent in booming metropolitan areas, mobile notaries will come right to your home or office. This service not only saves you time but assures a legal notarization. Remember, most states require notarizations to happen in the physical presence of a notary. Therefore, online notaries should be avoided.

How to Become a Notary

Perhaps at some point in this article, you pondered becoming a notary yourself. With over four million notaries in America, you are in good company. While not a career for most, being a notary is a marketable skill and a great way to make a little extra money. Notary laws and training vary from state to state. Naturally, this means the steps to becoming a notary vary as well. Below will illustrate the steps using Texas and Florida as examples. If you live elsewhere, NationalNotary.org has a great state-specific guide to becoming a notary.

Texas Notary – Steps for Certification

1. Meet State Qualifications – At least 18 years of age, resident of Texas, no criminal record
2. Procure a Surety Bond – This protects the public should you make a notarization error. In Texas, your bond needs to be $10,000
3. Complete the Application – You can even apply online! The application fee is $21 in the state of Texas
4. Take your Notary Oath – Once your application is accepted, you will receive a commission certificate. You will then take that certificate to a certified Texas notary who will administer your oath, as well as notarize your commission
5. Procure Your Notary Supplies – You will need to purchase a notary journal and personalized notary seal (stamp).
6. Purchase Insurance – You may recall notary bonds are mandatory and protect the public. Notary insurance, on the other hand, is optional, but a good idea to protect yourself

You will likely notice that training and testing are not included in the above list. In the state of Texas, training and passing a notary exam are not required. However, it is a good idea to take advantage of state-provided Texas notary training tools.

Notary Public Florida

To illustrate the nuances between state-mandated steps to becoming a notary lets take a look at Florida. The steps are very similar, with one notable exception. A state provided notary training is required in Florida. The course is a quick three hours, and can even be taken online. Before your application will be accepted, you must complete the appropriate training. However, in Florida, you are not required to take and pass an exam testing the information you learned in your training.

Online Notary: In Conclusion

While getting a document notarized is a simple process, it is important to do it correctly. In order to do so, you want to visit an established local notary in person. The cornerstone of a successful notarization is proper identification of the signer. Moreover, this should legally be done in the physical presence of the notary. Therefore, you should avoid using websites boasting with “online notarizations”. If you are in a pinch consider utilizing the services of a mobile notary. They will come directly to you, and therefore meet the standards of a legal notarization.

Sources

https://www.nationalnotary.org/knowledge-center/about-notaries/what-is-notarization

http://www.notarysuccess.com/notary_acknowledgment.html

https://www.thebalanceeveryday.com/where-to-notarize-affidavit-896914

https://www.nationalnotary.org/notary-bulletin/blog/2015/04/key-differences-acknowledgment-jurat-certificates

https://www.nationalnotary.org/notary-bulletin/blog/2015/05/your-guide-notary-oaths-affirmations

https://www.nationalnotary.org/texas

https://www.superiornotaryservices.com/blog/what-need-document-notarized/