What a Notary Can and Cannot Do in Indiana
· Notary Basics
The Notary's Real Job: Impartial Witness
Many people picture a notary as someone who "makes a document official." In reality, a notary public is a state-commissioned, impartial witness. Our job is to confirm who is signing, make sure they are signing willingly and understand that they are signing, and complete the notarial certificate accurately. We are there to deter fraud, not to judge whether a document is a good idea.
Understanding that role makes your appointment faster and avoids surprises. If you are in the Evansville area and have a signing coming up, Jason can walk you through what to expect. Call or text 812-205-3322.
What a Notary Can Do
An Indiana notary can verify the identity of a signer using acceptable identification, administer oaths and affirmations, take acknowledgments, and witness signatures on documents that call for a notarization. Depending on the document, the notarial act may be an acknowledgment (you confirm that you signed willingly) or a jurat (you swear or affirm that the contents are true and sign in front of us).
A notary can also certify that a document was signed in their presence and record the act in a journal. Many Indiana notaries, including mobile notaries, can travel to homes, hospitals, care facilities, workplaces, and other locations to do this. Notaries who are authorized for remote online notarization can also complete certain acts over live audio-video, which is covered in our guide to RON in Indiana.
The signer must be present, either physically or, for RON, on a live video session. A notary cannot notarize a signature for someone who is not there.
What a Notary Cannot Do
This is the part that surprises people most. A notary who is not also a licensed attorney cannot give legal advice, explain what a legal document means for your situation, or tell you which type of document you need. We also cannot draft legal documents for you or choose the type of notarial act on your behalf. If you are unsure which certificate applies, the agency or attorney requesting the document can tell you, and we can explain the general difference. See Acknowledgment vs. Jurat for more.
A notary also cannot notarize a signature if the signer cannot be properly identified, if the signer appears unwilling or confused about what they are signing, or if the document is incomplete in a way that would make the notarization improper. We cannot backdate a notarization or notarize a document that was signed earlier, outside our presence, unless the signer re-signs or acknowledges the signature as the law allows.
We also cannot notarize our own signature or a document in which we have a direct personal interest. That is why a different notary may be needed for certain family situations, as discussed in Can a Notary Notarize for a Family Member?
Why a Notary May Say No
Hearing "I can't notarize this today" can be frustrating, but it usually protects you. Common reasons include missing or expired ID, a signer who has already signed the document, blank spaces that should be filled in, or a signer who seems pressured or does not understand the document. Our list of common notarization mistakes covers the problems we see most often.
If a notary declines, ask what would fix the problem. Often it is as simple as bringing the right ID or waiting to sign until the notary arrives. A good notary will explain the reason without giving legal advice about the document itself.
Fees and Travel: What to Expect
Indiana sets a maximum fee for notarial acts. In person, a notary may charge up to $10 per notarial act, and remote online notarization may be up to $25 per act. Mobile notaries may also charge a separate travel fee for coming to you. At Southern Indiana Notary, travel is quoted up front so there are no surprises. More detail is in our Indiana notary cost guide.
Travel fees are for the convenience of coming to you, whether that is a house in Newburgh, a hospital room in Evansville, or an office in Warrick, Gibson, or Posey County.
How to Prepare for Your Appointment
A little preparation helps everything go smoothly. Bring a valid, government-issued photo ID for every signer, keep the document unsigned until the notary is with you, and know in advance whether the receiving party requires particular wording. If you are not sure what a document requires, ask the person or office that gave it to you, or consult an attorney for legal questions. Our appointment checklist is a handy reference.
Remember that a notary provides a notarial service, not legal advice. When you are ready to schedule, or if you need a quick answer about whether we can help, call or text Jason at 812-205-3322. Southern Indiana Notary serves Evansville and Vanderburgh, Warrick, Gibson, and Posey counties, with 24-hour emergency availability.
Jason Dicken is a commissioned Indiana notary public serving Evansville and the Tri-State. This article is general information, not legal advice.
Need this handled in person? See our mobile notary service page, review mobile notary pricing, or contact Southern Indiana Notary to schedule.