Can a Michigan Notary both Witness and Notarize the same Document?
In Michigan, Yes, a Notary can be a witness on and notarize the same document. According to the Michigan Department of State, Notarial Services website, this is allowed. In order for a Notary to act as a witness and notarize the same said document, all of the following must apply:
- The Notary must be an impartial third-party witness
- The Notary CANNOT be named in the document
- The Notary IS NOT a signer of the document
- The Notary CANNOT receive a direct financial benefit from the document
Is Witnessing a Notarial Act?
There is a notarial act that involves witnessing. It is when the Notary witnesses the signing and dating of a document that would include a notarial certificate.
But what about a Durable Power of Attorney for health care or a Last Will and Testament for distribution of assets? The Durable Power of Attorney requires the signature of the principal, the signature of the attorney-in-fact (agent), the witnesses signatures and notarization. For this type of witness, the witness would aide the Notary to insure the integrity of the signatures and the overall transaction.
For instance, they are witnessing that the correct people are present, signing and dating properly, they also witness the principal’s and the attorney-in fact’s signatures. These duties are similar to the Notary’s duties, but it is not a notarial act.
These type of witnesses may sometimes charge a fee for their services. A Notary may charge a fee for notarizing the Durable Power of Attorney and a separate fee for being a witness to the transaction and signing as a witness. These fees must be agreed upon before travel or commencement of services between the principal and the Notary.
Notary Pricing – how much is it to notarize?
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