Legal Definitions - Notary public

A Notary public is an individual officially authorized by state government to serve as an impartial witness to various legal acts. Their primary role is to deter fraud by verifying the identity of individuals signing documents, ensuring they do so willingly, and administering oaths or affirmations. This objective third-party verification adds a layer of authenticity and legal validity to important paperwork.

Here are some examples of situations where a Notary public's services are essential:

• Signing a Real Estate Deed: When someone sells a property, they must sign a deed to transfer ownership to the buyer. A Notary public will verify the seller's identity, confirm that they are signing the deed voluntarily, and then affix their official seal and signature. This process ensures that the property transfer is legitimate and prevents fraudulent sales, as the notary acts as an unbiased witness to the transaction.

• Executing a Power of Attorney: If an individual wants to grant someone else the authority to make financial or medical decisions on their behalf, they typically sign a Power of Attorney document. A Notary public will witness the signing of this document, confirming the identity of the person granting the power and ensuring they appear to be of sound mind and are not being coerced. This step is crucial because a Power of Attorney gives significant control to another person, and the notary's presence helps safeguard against abuse.

• Preparing an Affidavit for Court: In legal proceedings, a person might need to submit a written statement of facts, known as an affidavit, which is sworn to be true under penalty of perjury. Before signing the affidavit, the individual appears before a Notary public. The notary administers an oath or affirmation, asking the person to swear or affirm that the contents of the document are true, and then witnesses their signature. This process legally binds the person to the truthfulness of their statement, making it admissible in court.