What Types of Documents Need to Be Notarized?

Certain affidavits, deeds and powers of attorney may not be legally enforceable without notarization. Documents are notarized to protect against fraud. The notary acts as an impartial witness to the signing of legally binding documents. The notary ensures that the signer is actually the person named on the document and that they have not been forced to sign against their will. Documents that create a legally binding agreement usually need to be notarized, although this can vary according to local laws.

Will, Deeds and Trusts

Documents which transfer tangible physical assets from one person to another should be notarized. This includes wills, which deal with the distribution of a person's property and possessions--including money--after death; deeds, which transfer ownership of real property between living people, and trusts, which set aside money to be used in a particular way.

Medical documents

Documents regarding what types of medical treatment a person wishes to request or deny include what are commonly known as 'living wills.' These documents, more properly called health care declarations, give detailed instructions regarding the medical care wishes of a person should he become incapacitated by illness or injury. These documents need to be notarized to prevent disputes and ensure that doctors will be allowed to comply with the patient's wishes. Another medical document that must be notarized is the Health Care Proxy, which authorizes another person to make the medical care decisions when the patient is unable to be consulted directly.

POA

The POA, Power of Attorney, is a legal authorization that gives another person the power to act on your behalf. Whether the POA is limited only for certain tasks, or for a specified length of time, or universal to act on your behalf in all matters, it must be notarized in order to be accepted by banks, corporations and courts of law.

Long Distance Agreements

Documents and agreements which need to be executed between parties who cannot be in the same physical space often need to be notarized to ensure that the signers are verified as being the same people named in the document. For example a contract, which might not normally be notarized if the signing parties were in the same room, could require notarization if the signers were in different cities.

Apostille

It is common for notarized documents which will be sent to other countries to also require an Apostille. Apostille is a French word, which means a certification.The word is commonly used in English referring to the legalization of a document for international use under the terms of the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. Documents which have been notarized by a notary public, and then certified with a conformant Apostille are accepted for legal use in all the nations that have signed the Hague Convention. Other documents, such as marriage, birth and death certificates, and academic diplomas from public institutions do not need to be notarized to get an Apostille. In the United States, Apostilles are issued by the Secretary of State.