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There is a section of the law to which they must adhere regarding the Notary's own self-interest in the document being Notarized.

Quote: "LIMITATION ON NOTARY PUBLIC POWERS"

No notary public may act as such in any transaction in which he is a party directly or pecuniarily interested.

For the purpose of this provision, none of the following shall be a "direct or pecuniary interest": 1) being a shareholder in a publicly traded company that is a party to the notarized transaction; 2) being an officer, director or employee of a company that is a party to the notarized transaction, unless the director, officer or employee personally benefits from the transaction other than on a non contingency basis; or 3) receiving a fee that is not contingent upon the completion of the notarized transaction."

The Notary would be wise to divorce themselves from the appearance of of self-interest by declining to Notarize their own family's documents.

A person who notarizes a document from which they may benefit exposes that document to challenges. In case of a will, trust or similar type of document, the damages could be costly if the document is found to be invalid due to the malpractice of the notary.

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14y ago
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14y ago

This is not addressed in Delaware law; however, since a notary public by definition is an impartial witness the best practice would be not to notarize the signature of a relative. In addition, if the document to be notarized contains any financial gain or beneficial interest to you (the notary), the notary should decline to notarize since he or she would not be an impartial witness.

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8y ago

Whether a family member can notarize a document depends on the particular Commonwealth being considered.

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Q: Can a notary public notarize a family member's document in Delaware?
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