Even though some states permit notarization for family members, the practice is highly
discouraged due to the potential for a conflict of interest. A notary public’s main role is to exhibit
impartiality to all, without bias or favoritism to individuals (including themselves), which could be
understandably miscommunicated should any notarized document(s) be legally challenged. To
prevent financial and/or legal implications, it’s strongly recommended that Notary Publics do not
notarize documents for immediate family members such as: Spouses, Parents, Children, or
Siblings.
Documents related to inheritance, wills, and property deeds are all great examples of
notarizations that could pose a significant conflict of interest if they were to be notarized by a
family member.
Even if the notary is not directly tied to the document being notarized, their connection to the
signer could cause the impartiality of the notarization to be questioned and potentially
invalidated.
However, the state of Tennessee does allow Notary Publics to notarize some specified
documents for extended family members, provided the Notary Public is not listed as a named
party within the document, and/or will not directly/indirectly receive any benefits from the
transaction.
Examples of TN documents that can be notarized for extended family members include the
following:
1. Marriage certificates
2. Birth certificates
3. State-issued identification cards
If notarizing for permitted family members is allowed in your state, a Notary Public must
exercise extra caution and complete the following:
- Ensure the signer appears fully aware of the document’s contents and significance. Ask
open-ended questions about the document to confirm their understanding. - Carefully screen the signer for any signs of duress or coercion that could invalidate the
notarization. Be on alert for subtle hints that they may feel obligated to sign. - Keep detailed records of the notarization in your journal to demonstrate the signer appeared
willingly and competent. Note the type of ID used and any questions asked. - Consider having an impartial witness present during the notarization. Their presence can
help avoid any appearance of impropriety.
NOTE: While notarizing documents for family members isn’t strictly prohibited across all
jurisdictions, the practice is fraught with potential ethical dilemmas and legal restrictions that
must be carefully navigated.
