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Frequently Asked Questions


Linnell Mobile Notary understands you may have questions about which documents require notarization. Notarization is often necessary for legal documents to ensure their authenticity and to deter fraud. Commonly notarized documents are covered in the Question-and-Answer section below:

When your child turns 18, they are legally recognized as an adult, granting them full control over their medical decisions and health information. This means you no longer have the automatic right to access their medical records or make decisions on their behalf?

To remain involved in your adult child's medical care, consider the following steps:

  1. Health Care Directive (Medical Power of Attorney): Encourage your adult child to sign a health care directive, also known as a medical power of attorney. This legal document allows them to designate you or another trusted individual to make medical decisions on their behalf if they become unable to do so. Without this, you might need court approval to act on their behalf in medical matters.

  2. Living Will (Advance Care Directive): A living will outlines your adult child's preferences for medical treatment in situations where they cannot communicate their wishes. This can include decisions about life-sustaining treatments, resuscitation, other critical care options, pain management, and organ donation. Having a living will ensures that your adult child's healthcare choices are respected and provides guidance to healthcare providers and family members during challenging times.

  3. HIPAA Authorization: Have your adult child complete a HIPAA authorization form, which permits healthcare providers to share their medical information with you. This ensures you're informed about their health status and can discuss their care with medical professionals.

  4. Educational Records Release -- FERPA Consent Form: The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Once your child turns 18, educational institutions cannot share their academic records with you without their consent. By signing a FERPA consent form, your adult child can grant you access to their educational information, which can be crucial for supporting their academic journey.

  5. Additional Considerations:

    Regular Updates: Encourage your adult child to review and update these documents periodically, especially after significant life events, to ensure they reflect their current wishes.

    Accessibility: Ensure that copies of these documents are readily accessible to both you and relevant institutions. It's advisable to provide copies to your adult child's primary care physician, keep them in a secure yet accessible location, and consider digital backups.

    Open Dialogue: Engaging in open dialogue with your adult child about their preferences and the significance of specific legal documents fosters mutual understanding and ensures their wishes are honored. By proactively addressing these matters, you can continue to support your adult child effectively while respecting their autonomy.

    Regular Review: Periodically assess these documents to ensure they remain current and reflect any changes in circumstances or laws.

    Professional Consultation: Seek guidance from a legal professional to ensure these documents are properly prepared and executed according to your state's regulations.

Which documents require notarization?

  1. Does this document require a notary seal or stamp?

    If the document requires verification of identity, authenticity, or legal acknowledgment, it likely needs notarization. Look for a notary section on the document.

  2. Does this document need to be legally binding or verified?

    Many legally binding documents require notarization to prevent fraud and ensure all parties are signing willingly.

  3. Do I need to prove my identity before signing this document?

    Yes, a notary will verify your identity using a government-issued photo ID before notarizing the document.

  4. Am I required to sign this document in front of a notary?

    Some documents, such as affidavits, deeds, and loan documents, require the signer to appear before a notary.

  5. Will this document be used in another state or country where a notarization is necessary?

    Many legal documents crossing state or international borders require notarization. Foreign documents may also need an apostille.

Estate Planning and Trusts Documents?

  1. Should my living trust be notarized?

Yes, notarization adds legal validity and ensures the document is properly executed.

  1. Do I need notarization for my will or last testament?

    In some states, a notarized will can help avoid challenges, but many states require witnesses instead. A self-proving affidavit for a will is usually notarized.

  2. Does my power of attorney document require notarization?

    Yes, most states require power of attorney documents to be notarized for legal authority.

  3. Do my advance healthcare directive or medical power of attorney documents need a notary?

    Yes, many states require notarization or witnesses for these documents to be valid.

  4. Do my estate planning documents require witnesses in addition to a notary?

    Some documents, like wills and trusts, may require both notarization and witnesses, depending on state laws.

Real Estate and Loan Documents?

  1. Do I need a notary for my mortgage or loan closing documents?

    Yes, most mortgage and loan documents require notarization to validate signatures and ensure a legally binding transaction.

  2. Should my real estate deed, title transfer, or grant deed be notarized?

    Yes, notarization is typically required to record property ownership changes with the county.

  3. Is a notary required for my home refinancing documents?

    Yes, refinancing documents, such as a new mortgage or loan modification, require notarization.

  4. Do I need notarization for a property transfer between family members?

    Yes, a quitclaim deed or grant deed transferring property often requires notarization to be legally recognized.

  5. Is a notary needed for a quitclaim deed?

    Yes, quitclaim deeds must be notarized before being recorded with the county.

Legal and Business Documents?

  1. Should my business contracts or agreements be notarized?

    While not always required, notarizing business contracts can add an extra layer of protection in case of disputes.

  2. Do I need a notary for a partnership agreement or operating agreement?

    Some businesses choose to notarize these agreements to confirm the identities of signing parties and strengthen legal enforceability.

  3. Does my affidavit or sworn statement need notarization?

    Yes, affidavits must be notarized to be legally valid.

  4. Should I get my prenuptial or postnuptial agreement notarized?

    Yes, to ensure legal validity, both parties should sign in front of a notary.

  5. Do I need a notary for my child custody or guardianship documents?

    Yes, notarization is often required for these legal agreements, especially when filing with the court.

International & Governmental Documents

  1. Do I need an apostille for my documents to be used in another country?

    Yes, an apostille is needed for documents being used in a foreign country that is part of the Hague Apostille Convention.

  2. Should my passport application or travel consent form be notarized?

    Some passport forms, especially for minors traveling without both parents, require notarization.

  3. Do I need a notarized letter of authorization for someone to act on my behalf?

    Yes, a notarized letter ensures the authorization is legally recognized.

  4. Is a notary required for a visa or immigration-related document?

    Some immigration documents require notarization, such as affidavits of support or parental consent forms.

  5. Does my military or government-related paperwork require notarization?

    Certain military documents, such as POA forms and dependent care plans, may require notarization.

When Planning to Marry in a Foreign Country?

When planning to marry in a foreign country, it's essential to ensure that certain documents are properly authenticated to meet the destination country's legal requirements. The specific documents and procedures can vary depending on the country where you intend to marry.

  1. Commonly Required Documents (additional documentation may be required):

Birth Certificate: A certified copy of your birth certificate may be required to verify your identity and age.

Passport: A valid passport serves as proof of your citizenship and identity.

Divorce Decree or Death Certificate (if applicable):

If either party has been previously married, a certified copy of the divorce decree or death certificate of the former spouse may be necessary to confirm the dissolution of the previous marriage.

Parental Consent (if applicable): Some countries require parental consent for individuals under a certain age to marry.

  1. Certified Translations:

    Some countries require documents to be translated into their official language. Ensure translations are certified and meet the specific requirements of the designation country.

  2. Legal Advice Consultation:

    Seek guidance from a legal professional or the embassy of the destination country to ensure all requirements are met and to navigate any complexities in the process.

  1. Timing:

Advance planning is extremely important by beginning the process well in advance of your planned marriage date, as obtaining apostilles, translations, and other necessary documents can take time.

Linnell Mobile Notary can assist in obtaining apostilles for your documents by meticulously preparing and authenticating them, ensuring a seamless marriage process abroad.