Question 1

Can a notary public in Washington State provide legal advice?

Accepted Answer

No, not unless they are also a licensed attorney. A notary public in Washington State is prohibited from providing legal advice or preparing legal documents unless they are also licensed attorneys. Disclaimer: We are not attorneys and cannot provide legal advice. All answers Tahoma Secure Document Services provide; through any form of virtual, electronic or in person communications, through tahomadocs.com, and within these FAQ's; are never to be viewed or used as legal advice, and align with Washington State Notary Laws. This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. Please, always seek legal advice directly from a legal professional.You can learn more about Washington State Notary Laws online on the Washington State Legislature website: https://app.leg.wa.gov/rcw/default.aspx?cite=42.45&full=true

Question 2

What documents can a Washington State notary notarize?

Accepted Answer

A Washington State notary can notarize a variety of documents, including affidavits, powers of attorney, wills, and loan documents, as long as the notary guidelines are followed.

Question 3

What type of identification (ID) must I have ready for my appointment?

Accepted Answer

Please have your valid: passport, driver's license, or government-issued nondriver identification card ready for your appointment, copies of ID's are not accepted by Tahoma Secure Document Services. Government issued Tribal ID's are always welcome if able to be validated by the notary.From the WA State Legislature Webpage: https://app.leg.wa.gov/RCW/default.aspx?cite=42.45.050RCW 42.45.050 regarding the "Identification of individual"(1) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual: (a) By means of: (i) A passport, driver's license, or government-issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or (ii) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the officer; or (b) By a verification on oath or affirmation of a credible witness personally appearing before the officer and personally known to the officer and who provides satisfactory evidence of his or her identity as described in (a) of this subsection. (3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual. [2017 c 281 s 7.]

Question 4

Can a notary refuse to notarize my documents?

Accepted Answer

Yes. The Licensed Notary Public always has the authority to refuse to perform a notarial act unless refusal is prohibited by another law, such as Washington anti-discrimination laws. A notary has the authority to refuse to perform a notarial act if the notary is not satisfied with the evidence of a party’s identity or if the notary is not satisfied that the individual signing a record is competent, has the capacity to sign the record, and is doing so knowingly or voluntarily. You can learn more about Washington State Notary Laws online on the Washington State Legislature website: https://app.leg.wa.gov/rcw/default.aspx?cite=42.45&full=true

Question 5

Will you perform a notarization without the signer present?

Accepted Answer

No, Tahoma Secure Document Services requires the signer to be verified with acceptable identification and to sign directly in front of the notary, either remotely/online or in-person.

Question 6

What if my documents are in another language?

Accepted Answer

As of July 1, 2018, all notarial certificates must either be in English, or in dual-languages where one of the languages is English, so the notary should be able to identify the certificate on a document being notarized. Speaking different languages can make it difficult for a notary to properly identify the signing party and what is being asked of them. If the notary has access to a translator that they can rely on, it can help to alleviate this risk. Remember, a notary has the right to refuse to notarize a document if they cannot confirm the required information for that notarial act, including the identity of the signing party.What this means, is that documents in other languages are generally accepted by our notaries.The notarial certificate however, when working with tahomadocs.com, does need to be in English.Since special circumstances require review prior to meeting with you, please email your questions and/or documents you are inquiring about to: info@tahomadocs.com for further review.

Question 7

What if the signer has a disability or cannot physically sign the document themselves?

Accepted Answer

We will work to accommodate your needs and make our services accessible to everyone, regardless of their differing physical abilities. We do our best to carry adaptive equipment with us to your appointment to help you sign, such as easy to grip pens, spacers to help you feel and identify where to sign, and offering magnifying equipment. When absolutely needed, someone other than the notary can help you physically sign the document. Extra documentation to notate this accommodation will be made. The signer/client, and the person helping you physically sign or witness, should have: valid identification, be sober, be credible, and should be of sound mind. Other dis-qualifiers will be assessed on a case-by-case basis.The circumstances of the person who will be helping you physically sign should, when possible, be pre-approved by the notary prior to meeting with you. This is needed to ensure you are signing of your own free will, that you have the cognitive ability to understand what you are signing, that you are not under any duress, and the person helping you sign is doing so under no suspicious or nefarious purposes.Please contact us ahead of time, when possible, to discuss any adaptive needs you may need to help you effectively sign your important documents. If the person signing has dementia or any other cognitive issues, our notaries have the right to refuse service. No refunds are issued if the notary has physically met with you for your appointment, and at that time has determined that the signer, witnesses, or person helping you sign are not credible, cognitively able to understand fully what is occurring, is under duress, is intoxicated, or if there are any other questionable circumstances. We take our clients safety very seriously, and encourage our clients to take their own and their friends, and family's safety seriously too.Per the Washington Legislature Website as of 2018:RCW 42.45.070 Individual unable to sign—Signature.Except as otherwise provided in RCW 64.08.100, if an individual is physically unable to sign a record,the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "signature affixed by (name of other individual) at the direction of (name of individual/signer)" or words of similar import.To report suspected abuse, neglect, abandonment, or financial exploitation of a vulnerable adult in Washington, contact the Washington Department of Social and Health Services Adult Protective Services via their hotline at 1-877-734-6277 or through their online reporting tools.

Question 8

What certificate is needed for the notary to stamp?

Accepted Answer

A notary public in Washington State is prohibited from providing legal advice or preparing legal documents unless they are also licensed attorneys. So the type of certificate and the language on that certificate must be chosen by the signer, and never the notary.The language on your notarial certification cannot ever be chosen, or determined by a notary.Please ensure you have the correct language on the notarial certificationsyou are needing notarized before your scheduled appointment time.Common Notarial CertificatesAcknowledgment: Confirms that a signer appeared before the notary, proved their identity, and stated they signed the document willingly. It does not require an oath. [1, 2, 3]Jurat: Proves that a signer swore or affirmed that the contents of a document are true. The signer must sign the paper while in front of the notary. [1, 2]Copy Certification: States that a notary compared a copy of a document to an original and verified it as a true reproduction. Note that state laws vary on whether notaries can do this. [1]Oath or Affirmation: A spoken promise of truthfulness made by a person before a notary, often tied directly to a jurat. [1, 2]Signature Witnessing: Confirms only that the notary watched the person sign the document, without an oath or formal acknowledgment. [1, 2]More information about notarial certificates can be found here: https://app.leg.wa.gov/RCW/default.aspx?cite=42.45.140RESOURCES:https://eforms.com/notary-acknowledgment/wa/ https://www.dochub.com/fillable-form/32511-notary-verbage-washington-state-form https://notarypublicstamps.com/forms/Washington%20Notarial%20Certificates.pdf?srsltid=AfmBOopjoNQ2Af5e5VvcWpgn3aPRWNnjGVoAYDUC0iMuSBM_M1oVnyAq

Question 9

What happens if I need a witness signature on my document(s)?

Accepted Answer

If you do not have anyone to act as an extra witness to your signing, that fits the criteria below, please contact us right away.  We can work to find a solution that best meets your needs. In some cases we may be able to provide a witness for a set and pre-agreed upon fee.Tahoma Secure Document Services asks that witnesses have ID present to verify their name and age. They must not be under the influence of substances or medications that might inhibit their abilities. They must not be an interested party in your documents. The witness must be of sound mind and have sufficient cognitive abilities, as should the signer. In most cases, your witness should not have any felony convictions or other major crimes involving theft, or dishonesty. Although you can chose your witnesses, having a witness who is credible is a much safer choice.In Washington state, a signature witness must generally be an impartial third party who is at least 18 years old and of sound mind. Witnesses must be physically present when you sign the document, and they cannot be named as a beneficiary or hold a financial interest in the agreement. [1, 2, 3, 4]Specific document types have tailored requirements in Washington: [1]Wills: Require a minimum of two competent witnesses. Witnesses must sign the will in the presence of the testator and in the presence of each other. They should ideally be "disinterested" (not inheriting anything under the will) to prevent complications during probate.Powers of Attorney: Must either be acknowledged before a notary public or signed by at least two competent witnesses. These witnesses cannot be blood relatives, marriage partners, state-registered domestic partners, or care providers for the principal. [1, 2, 3, 4, 5]Note: Individual document witnesses sign as private individuals and cannot notarize the document themselves. If a document requires a notarized signature (like a property deed), both a witness and a Notary Public may be required.Related lawsRCW 42.45.010(8)RCW 42.45.030(3)RCW 42.45.140(4)

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Frequently asked questions

Can a notary public in Washington State provide legal advice?

What documents can a Washington State notary notarize?

What type of identification (ID) must I have ready for my appointment?

Can a notary refuse to notarize my documents?

Will you perform a notarization without the signer present?

What if my documents are in another language?

What if the signer has a disability or cannot physically sign the document themselves?

What certificate is needed for the notary to stamp?

What happens if I need a witness signature on my document(s)?

TAHOMA Secure Document Services Book ✓ sign ✓ done ✓

Our Services

About US

Contact Us

Frequently asked questions

Can a notary public in Washington State provide legal advice?

What documents can a Washington State notary notarize?

What type of identification (ID) must I have ready for my appointment?

Can a notary refuse to notarize my documents?

Will you perform a notarization without the signer present?

What if my documents are in another language?

What if the signer has a disability or cannot physically sign the document themselves?

What certificate is needed for the notary to stamp?

What happens if I need a witness signature on my document(s)?

TAHOMA Secure Document Services
Book ✓ sign ✓ done ✓