Notary Public: What Can You Not Do?

A Guide to Boundaries, Prohibited Acts, and Avoiding Costly Mistakes

A notary public holds a position of public trust. With that trust comes strict limitations. Knowing what you cannot do is just as important as knowing your duties. Here are the absolute prohibitions every notary must follow.

1. You Cannot Provide Legal Advice (Unauthorized Practice of Law)

This is the most common and dangerous boundary for notaries. Unless you are a licensed attorney, you cannot give legal advice, explain document meanings, or tell someone which document to sign.

Real-World Cautionary Tale: A California notary named Leonard Lacayo was ordered to pay more than $600,000 in penalties and legal fees in September 2025 for providing unauthorized legal services to immigrants . He falsely portrayed himself as qualified to give immigration advice despite not being licensed. The court found his actions "particularly egregious during a time of mass deportations and heightened fear in our immigrant communities" . Remarkably, as of late 2025, his notary commission remained active, but he faces massive financial ruin .

The Rule: In many states, translating "Notary Public" into Spanish as "Notario Publico" in advertisements is prohibited because it misleads Spanish-speakers into thinking you are a lawyer . In countries with civil law systems, a "Notario" is a high-level legal professional. In the U.S., you are not.

What You Cannot Do:

• Explain what a document "means" or its legal effect

• Tell someone which document to sign

• Draft legal documents for others (wills, trusts, contracts) unless you are an attorney 

• Prepare deeds, promissory notes, or partnership agreements on someone's behalf 

Historical Precedent: In the 1934 Pennsylvania case Childs v. Smeltzer, the Supreme Court held that "the habitual drafting of legal instruments for hire constitutes the practice of law, even though the individual so engaged makes no attempt to appear in court" . A notary who prepared over a thousand deeds and mortgages for a fee was engaging in unauthorized practice .

The Safe Approach: If a client asks, "Is this the right document for me?" your answer must be: "I cannot give legal advice. You should consult an attorney if you have questions."

2. You Cannot Notarize Without the Signer Present

Physical presence is non-negotiable (except in states with Remote Online Notary authorization, which has its own strict rules). You cannot notarize a signature on a document that was signed yesterday, even if the person stands before you today admitting they signed it.

The Ohio Case: In Lorain Cty. Bar Assn. v. Kennedy (2002), a notary prepared and notarized two quitclaim deeds in advance that had not been signed by the grantor or witnesses . The Ohio Supreme Court found this constituted both unauthorized practice of law and neglect of notary duty, stating that notaries "must not take a cavalier attitude" toward their responsibilities .

What You Cannot Do:

• Notarize a signature you did not witness

• Accept a signed document and have the person "re-affirm" their signature later

• Let a signer leave and return with the document pre-signed

3. You Cannot Have a Criminal History Involving "Moral Turpitude"

Many states disqualify applicants or revoke commissions for crimes involving moral turpitude—conduct involving dishonesty, fraud, deceit, or serious immorality .

State-Specific Rules:

• Arizona: Disqualifies any person convicted of a crime "involving moral turpitude or of a nature that is incompatible with the duties of a notary public" (ARS 41-330.A.2) .

• California: Lists offenses including assault, arson, burglary, embezzlement, forgery, fraud, and drug possession as grounds for denial or revocation .

• Texas: Defines moral turpitude crimes as including "dishonesty, fraud, deceit, misrepresentation, deliberate violence, moral depravity, or that reflects adversely on the applicant's honesty, trustworthiness, or fitness as a notary public" .

• North Carolina: Authorizes denial for crimes involving "dishonesty or moral turpitude" .

• Florida: Disqualifies felony applicants unless civil rights have been restored .

What You Cannot Be: A notary if you have certain convictions. Even if your state doesn't use "moral turpitude" language, background checks are standard.

4. You Cannot Use Someone Else's Notary Stamp

Your notary stamp and journal are personal to your commission. You cannot lend them, and you cannot sign another notary's name.

The Tennessee Case: In January 2026, Tennessee lawyer Carol Ann Barron was censured by the Tennessee Supreme Court for improper notarization . Her notary stamp was not in her office. Her assistant was also a notary. Barron received permission to use the assistant's stamp, then notarized client signatures by signing the assistant's name on a deed. She did not indicate she was signing "with permission." The court found violations of professional conduct rules .

What You Cannot Do:

• Allow anyone else to use your stamp

• Use another notary's stamp, even with permission, unless you sign your own name indicating you are acting as that notary (and even this is risky—avoid it)

• Notarize your own signature or act as notary on a document where you are a party

5. You Cannot Discriminate or Refuse Lawful Requests

In most states, once you are commissioned, you are a public official. You generally cannot refuse service to someone based on race, religion, national origin, or other protected characteristics. You also cannot refuse a lawful notarization simply because you don't like the document's content.

Exception: You may refuse if you have a valid concern about the signer's identity, willingness, or awareness. You may also refuse if the notarization would violate your state's laws (e.g., notarizing for a family member in states that prohibit it).

6. You Cannot Charge Excessive Fees

Most states set maximum fees for notarial acts. For example, many cap acknowledgments at $5 or $10 per signature. Charging more than the statutory maximum is illegal.

What You Cannot Do:

• Charge above the state-mandated limit

• Charge for services you did not perform

• Charge "consulting fees" that are actually disguised legal advice fees

Quick Reference: Notary "Can'ts"