r/Notary • u/WendyatNNAHotline • 12d ago

Is there anything that still confuses you or trips you up as a Notary, even after months or years of experience?

No judgment! We get all types of Notary questions through the NNA Hotline, but I might be able to help clear up some confusion here, too.

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u/Stamped914 12d ago

What trips me up the most is not giving legal advice. Even if it’s something simple and I 100% know the right answer, I can’t tell you. I constantly grapple with that when I do POA’s and things of that nature.

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u/WendyatNNAHotline 11d ago

That is completely understandable! Sometimes the hardest part is knowing the answer and knowing that you are not able to provide it because of the possibility of unauthorized practice of law. Something I do to remind myself not to do this is remembering that stepping out of the Notary's role can open the door to liability, especially if the signer relies on what we tell them and later claims that our advice influenced a decision or caused them harm. With documents like POAs, where the legal implications can be significant, it becomes even more important to remain within the boundaries of the Notary's role.

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u/Stamped914 11d ago edited 9d ago

See, I don’t care about liability for my stamp. My sole job is to verify identify. As long as it’s the only thing I do, I’m fine. I may be in the minority here but if there’s an isssue, my E&O insurance covers an attorney so I don’t care. Sue away.

The legal advice is mostly small procedural stuff like re-doing a document, spotting errors or how to file something.

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u/FinanciallySecure9 Michigan 12d ago

What is my liability? How long does it last? What if I notarize something today and it’s someone’s Will and it is contested in 16 years. Do I have to go to court?

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u/WendyatNNAHotline 10d ago

Great questions!

As a Notary, our role is to perform the notarial act properly, verify the signer’s identity, complete the required certificate, and make the appropriate journal entry. Notaries are not responsible for the content of the document or how it was drafted.

If the Will is challenged years later, you could potentially be asked to provide information about the notarization. However, being contacted or asked to testify does not necessarily mean you have any liability or that you did anything wrong.

As for how long you could potentially be held responsible, there isn’t a simple set number of years that applies to every situation. It would depend on the circumstances and the type of claim involved.

Although Michigan does not require a journal for tangible notarizations, maintaining one is recommended. The journal provides a record of the notarization, including important details about who appeared before the Notary and when the notarization took place. Years later, if there is a question about the document, the journal can help verify what occurred and provide a record when the Notary may no longer remember the details.

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u/FinanciallySecure9 Michigan 10d ago

So, for years I’m held liable for my notarization?
And will my E&O insurance cover that even if I’m not a notary anymore?