What California Notaries Can — and Cannot — Do: Know Your Limits

Authority and Its Limits

A California notary public is a public official appointed by the Secretary of State. Your authority is defined — and strictly limited — by the California Government Code. Performing acts beyond your authority, or providing legal advice you are not licensed to give, exposes you to serious legal and professional consequences.

This guide is designed to help you clearly understand what you are empowered to do, and where you must stop.

What You CAN Do

• Take acknowledgments: Certify that the person who signed a document personally appeared before you, was identified, and acknowledged signing voluntarily.
• Administer oaths and affirmations: Place a person under oath to tell the truth (for jurats, depositions, and other sworn statements).
• Execute jurats: Certify that a person signed a document in your presence and swore or affirmed that its contents are true.
• Certify copies of certain documents: You may certify copies of your own journal entries and power of attorney documents. You cannot certify copies of vital records (birth, death, marriage certificates) — those must come from the issuing agency.
• Issue subpoenas: As a notary, you have the authority to issue a subpoena compelling the production of documents in civil cases, though this is rarely used.

What You CANNOT Do

• Give legal advice: If you are not a licensed California attorney, you cannot advise anyone on which type of notarial act to use, what a document means, or how to fill out a form. Doing so constitutes the unauthorized practice of law and is a misdemeanor.
• Prepare legal documents: You may not prepare, draft, or complete legal documents for others unless you are a licensed attorney.
• Certify translations: You may not certify that a translation is accurate unless you are a qualified translator — and even then, that is a separate function from your notarial authority.
• Notarize your own signature: A notary may never notarize a document in which they have a financial or beneficial interest, including documents they themselves signed.
• Notarize for a family member (in many cases): While not always prohibited by statute, notarizing for a spouse, parent, or child creates a potential conflict of interest. Best practice is to decline.
• Notarize an incomplete document: You must never notarize a document that contains blank spaces intended to be filled in — blanks leave the document open to fraudulent alteration after notarization.
• Use your seal after your commission expires: Once your commission expires, your authority to act as a notary immediately ceases. Using a seal or performing any notarial act after that date is unlawful.

The Unauthorized Practice of Law Risk

This is the most common trap for well-meaning notaries. A signer asks, "Which box should I check?" or "Does this document need an acknowledgment or a jurat?" You may feel helpful answering — but doing so constitutes legal advice if you are not a licensed attorney. The correct response is always: "I can notarize whatever the document requires, but you'll need to speak with an attorney or the person who prepared this document for guidance on that question."

Understanding your boundaries is not a limitation — it is what makes you a trusted and professional notary public.