Why Notaries Can't Choose the Notarial Act: Acknowledgment VS Jurat

The law states notaries may not practice law therefore may not give legal advice of any kind!

A crucial point to remember is that a notary public cannot decide whether a document requires an acknowledgment or a jurat if the document lacks specific notarial wording. This is because:

• Improper Practice of Law: Determining the correct notarial act often involves legal interpretation, which is beyond the scope of a notary's authority. Notaries are not attorneys and cannot provide legal advice.

• Legal Restrictions: Notaries are bound by the state laws that strictly limit their role to performing notarial acts as directed.

If a document is presented to a notary without clear instructions on the type of notarization needed, the notary should advise the signer to seek legal counsel or contact the document's issuer for clarification.

Example: If a document simply says "Sign here," without any notarial wording such as "acknowledged before me" or "sworn and subscribed before me," the notary cannot choose which act to perform.

Important Legal Note:

The specific laws governing notarial acts very by state. However, the general principle that notaries cannot provide legal advice or determine the type of notarization required without proper instructions is widely recognized. This principle is based on the separation of the practice of law from the duties of the notary public.

In conclusion: Always ensure your documents clearly indicate the required notarial act. If you're unsure, consulting with an attorney of the document issuer is the best course of action before your notary appointment. Notaries cannot choose an acknowledgment or a jurat for you.