Why Mobile Notaries Cannot Draft Legal Documents: What Clients Need to Know
- Mary Stewart
- Jan 21
- 3 min read
As a trusted mobile notary public, I often meet clients who are surprised to learn that notaries cannot provide legal documents or draft paperwork on their behalf. It’s a common misunderstanding, but we can help you understand what your notary can and cannot do.
At Sonoma County Mobile Notary & Apostille, we pride ourselves on professional, ethical service that stays within the legal boundaries of our role.
What a Notary Public Is and Is Not
A notary public is a state-appointed official who serves as an impartial witness to the signing of important documents. Our job is to:
Verify your identity
Confirm that you are signing willingly and knowingly
Apply our signature and notarial seal to authenticate the document
That’s it. We are not attorneys, legal advisors, or document preparers...and we are legally prohibited from offering those services (unless we hold an additional license).
Why You Must Provide Your Own Documents
California notaries (and many in other states) are not allowed to draft, select, or complete legal forms for clients. That includes:
Wills
Trusts
Power of Attorney forms
Advance Health Care Directives
Deeds or real estate documents
Custody or divorce paperwork
This protects both the client and the notary. Offering or preparing legal documents without a law license is considered unauthorized practice of law, which carries legal consequences.
Example:If someone calls and says, "Can you bring a power of attorney form for my elderly parent to sign?" We must politely explain: You will need to obtain the correct form yourself, or speak with an attorney who can assist you in preparing the document. We can then notarize it once it’s complete and ready to sign.
Estate Planning Documents: A Common Area of Confusion
We often get requests to notarize documents related to estate planning. These are incredibly important and sometimes urgent, especially in medical or hospital settings. However, they are also complex and specific to your unique situation.
That’s why it’s always best to work with an estate planning attorney when creating documents such as:
Revocable living trusts
Wills
Durable Power of Attorney
Advance directives for healthcare
An attorney can ensure these documents are drafted correctly and meet California’s legal standards. Once they’re ready, we can notarize them for you, at your home, the hospital, or anywhere you need.
At Sonoma County Mobile Notary & Apostille, we also work with several excellent local attorneys and are happy to provide referrals if you need help getting started.
What You Can Expect from Your Mobile Notary
While we can’t give legal advice or supply forms, here’s what we can do:
Meet you at your location: Home, hospital, care facility, office, etc.
Notarize your completed legal documents
Offer flexible scheduling, including evenings and weekends
Handle multiple signers or witnesses, as needed
Provide apostille facilitation for international use
Ensure proper notarization per California law
In Short: Bring the Documents, We’ll Handle the Notarization
Your mobile notary is an important piece of the puzzle, but we are just one part of the process. Think of us as your document authenticator, not your document provider.
If you’re unsure about what document you need, or how to prepare one, we strongly recommend speaking with a qualified attorney first. Once that’s done, Sonoma County Mobile Notary & Apostille is here to notarize, travel, and even assist with apostille services if needed.
📍 Based in Petaluma and serving all of Sonoma County
🔗 Learn more or book your appointment: www.707mobilenotary.com
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