A notary public is not prohibited from notarizing for relatives or others, unless doing so would provide a direct fi nancial or benefi cial interest to the notary public. With California’s community property law, care should be exercised if notarizing for a spouse or a domestic partner.
A notary public would have a direct fi nancial or benefi cial interest to a transaction in the following situations (Government Code section 8224):
- If a notary public is named, individually, as a principal to a fi nancial transaction.
- If a notary public is named, individually, as any of the following to a real property transaction: benefi ciary, grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, or lessee.
A notary public does not have a direct fi nancial or benefi cial interest in a transaction if a notary public is acting in the capacity of an agent, employee, insurer, attorney, escrow, or lender for a person having a direct fi nancial or benefi cial interest in the transaction. If in doubt as to whether or not to notarize, the notary public should seek the advice of an attorney.