Can doctors notarize documents

Answer 1

"A bank" can't, but many banks do employ notaries public, and a notary public can notarize a signature. Whether the bank will allow this or not is kind of up to them, and you'd need to ask. Also, notaries themselves are allowed (and even required) to refuse to notarize documents under some circumstances.

Note that what's being notarized is not "the will", but the signature. Notarization doesn't magically make a document "legal", it's just proof that a signature was done in front of the notary by someone who provided evidence (in the form of identification) that they were in fact the person they claimed to be.

Some states either recommend or mandate that wills not be notarized, largely because of the public (mis)conception that notarization means any more than "yeah, the guy who signed it was really the guy who signed it" (in particular, notarization does not mean that the will is valid or conforms to state law; most notaries are specifically forbidden from giving legal advice unless they're also members of the state bar association).

If you haven't spoken to an attorney yet, do so before having your will notarized. Many attorneys are also notaries public (or at least have one in their office), and since attorneys aremembers of the state bar association, they can give legal advice (and in fact are expected to do so). If it needs to be notarized, they can do it and you can save yourself a trip.

Answer 2

Yes. A Notary Public is a Notary Public regardless of where they are employed. Their duty is to ensure that the party or parties signing the document are properly identified to ensure that they are truly who they present themselves to be. A Notary may refuse to perform a notarization on several grounds. Notaries Public are appointed and commissioned by the probate judges of the various counties. The probate judge reports to the States Secretary of State the name, county, date of issuance and date of expiration of the commission of each notary appointed and commissioned under applicable law.

But, while that is true in Alabama, a number of other states follow the Uniform Law on Notarial Acts that was enacted by the Commission on Uniform State Laws in 1983. Although states aren't required to enact the Uniform Law, it has been adopted by Delaware, The District of Columbia, Kansas, Minnesota, Montana, Nevada, New Hampshire, New Mexico, Oklahoma, Oregon, Wisconsin and Wyoming. Notary laws in the remaining states vary from state to state.

The States of Florida, South Carolina and Maine allow Notaries to solemnize marriage. In Maine, a Notary can take a deposition, and in Ohio, a Notary can even hold the signer of an Affidavit in contempt! But, while a Notary in some instances technically may notarize a signature on a Will, it's legally not a good idea, and is even prohibited in some states (e.g., California). Signatures on a Will by the person making the Will (the Testator) as well as the witnesses to that person's signature, represent promises, principles and understandings far more complex than a signature on a sales contract or affidavit or deed or other type of document. The reasons why a Notary must or should decline to notarize a Will are complex also, but may be illustrated with a very few examples.

For example, to make sure his/her wishes are honored, it is crucial that the maker of a Will fully understand what he/she is giving, bequeathing, donating, etc. In fact, the signature line for the maker of a Will typically includes an acknowledgement that the maker does fully understand all contents and legal ramifications of the Will.

Of equal importance, the witnesses to a Testator's signature are stating by signature that they believe the maker to be a person who is of sound mind and body. So, if someone were to contest the Will in the future, claiming for example that the maker was not of sound mind at the time the will was signed, the witnesses will probably find themselves in court, testifying in person about their reasons for believing the Testator was of sound mind.

Maybe you've heard of the lawyers' equivalent of Hell known as the Rule Against Perpetuities. (If you saw the movie Body Heat, you've seen the potential results from a violation of the Rule Against Perpetuities.) The rule requires that all estate interests must vest within twenty-one years of all lives in being. A "life in being" includes even the potential children of very elderly relatives and toddlers! The purpose of the rule is to limit a testator's ability to tie up property ownership by granting it to very distant descendants. If this complex rule is violated by the terms of a given Will, even unintentionally, that Will may be legally and completely invalidated. If that happens, property passes as if the Testator had no Will at all.

In addition to even just these three concerns, considering the fact that Notaries Public may not give legal advice without a license to practice law, one can see why it would not be best to have a Notary notarize your Will outside the presence of an attorney.

Ideally, when a Will is signed, the Testator's attorney is present to explain all contents and legal ramifications of the Will document to the Testator (along with explanations of any associated Powers of Attorney, Living Wills, etc.). The witnesses also receive a legal explanation of the ramifications of their signatures, prior to signing as witnesses. The explanation process is typically done page-by-page, because a Will should contain initials and/or signatures from the Testator as well as the witnesses on every page. During this time, the attorney can also answer questions raised by the Testator or witnesses.

With relatively few exceptions, attorneys are also commissioned Notaries Public. Most often, attorneys' legal secretaries and/or paralegals are also Notaries. As both an attorney and a Notary, I've found it to be very convenient for both myself and my clients to be able to legally explain a document to someone and then also notarize it for him/her. In addition to being convenient for a client, it also helps minimize any discomfort that may come for some when an unknown person (outside Notary) is present during their personal legal discussions.

That isn't the only way for a person to formulate a will, of course. For example, a "holographic will", which is one completely handwritten by a Testator, may be seen as valid by a court. Similarly, a "self-proved will", which is proven by an affidavit of the Testator, could also be ruled valid. As a rule, though, even if you've written your Will yourself, in order to prevent future contests or problems, it's best to sign and have your witnesses sign the Will in the presence of an attorney (and a Notary Public, if the attorney is not a Notary).

NOTE: In a heartbreaking case, a federal appeals court ruled on March 16, 2010, that even though a widow didn't appreciate the legal effect of signing a benefits form for her husband's employer, her waiver of entitlement to annuity benefits was valid. Even though it wasn't her intent, she signed away her right to benefits following her husband's death. The document she signed was duly notarized, verifying her signature, but a Notary could not give any advice or recommendation about signing. Although this case didn't involve an actual Will, it is a good example of what can happen when someone signs a document they don't understand, even if their signature is notarized. Braza v. Office of Personnel Mgmt., 598 F.3d 1315, 2010 U.S. App. LEXIS 5470 (U.S.C.A. Fed.Cir.)

References:

1. Bevan v. Krieger, 289 U.S. 459, 53 S. Ct. 661, 77 L. Ed. 1316 (1933).
2. California Government Code, section 8200, et seq.
3. Section 117.045, Fla. Stat.
4. S.C. Code Annotated, secs. 26-1-10et seq. and 26-3-10, et seq. (1976)
5. Title 5, sec. 81, et seq., Maine Revised Statutes Annotated.
6. National Conference of Commissioners on Uniform State Laws

Answer 3

normally not but some hold notary registration because the place they work requires one, for example, in big lawfirms the library staff sometimes has one notary for the firm.

Answer 4

Yes it may be possible to have a bank statement notarized. Most banks have notary publics on hand that can possibly do this.

Answer 5

Doctors can notarize documents only if they are a notary. A doctor must go through classes just like other people that are notaries.

Answer 6

Only a Notary can notarize a document. Many bank employees are and will notarize for free.

Answer 7

Only if they are a licensed notary.