What Notaries Do (and DON’T Do!)

As a Montana Notary Public, I’m often asked to do things that sound reasonable, but sometimes fall outside what the law allows. This post is here to clarify what notaries in Montana can do to help you, and just as importantly, what we can’t do.

✅ What Notaries Do

At its core, a notary’s job is to help deter fraud by witnessing the signing of important documents, verifying the identity of the signer and establishing that they are “alert and aware”, and are signing of their own free will.  In Montana, that includes:

1. Verifying Identity:
We confirm that the person signing the document is who they say they are, usually by checking a government-issued photo ID.

2. Administering Oaths and Affirmations:
For documents that require a sworn statement—like affidavits—we can administer the oath or affirmation.

3. Taking Acknowledgments:
When someone signs a document willingly and for the purposes stated in it, we can certify that acknowledgment.

4. Witnessing Signatures:
We observe the act of signing and add our notarial certificate to confirm that it was properly executed.

5. Certifying Copies (in some cases):
Montana notaries can certify that a copy of a non-recordable document (like a diploma or power of attorney) is true and complete, as long as the notary makes the copy.

6. Remote Online Notarization (RON):
Montana is one of the few states where notaries can notarize documents online through secure platforms. We can also use electronic signatures and seals in person. Ravalli Mobile Notary does not offer RON at this time, but watch this space!  Coming in 2026… :-)

🚫 What Notaries Don’t Do

This is where things sometimes get tricky, so let’s be clear:

1. A Notary Cannot Give Legal Advice
Even if we’ve notarized hundreds of estate plans, we’re not lawyers. We can’t explain what a document means or suggest which notary certificate you should use.  

“Practicing law without a license” is a criminal offense, for good reason.  Sometimes it is surprising to find out what “legal advice” might include.

2. Notarizing a document does not “make it legal”

If you have a document that was not prepared by a licensed or competent attorney, notarizing is not going to help that document hold up in court.  The notarization is there to confirm that the signers were identified and willingly signed the document, and in some cases,  also took an oath or affirmation.

2. We Don’t Draft Documents
Need a power of attorney, trust, or will written up? That’s something you’ll need an attorney for. Notaries don’t prepare legal documents unless they’re also licensed to do so.

3. We Don’t Notarize “Incomplete” Documents
Sometimes people think this means that notaries have to read the document and assess whether the content is complete for the purpose of the document.  No!   That is giving legal advice, and only a licensed attorney can do that. 

What “incomplete” means in this context is this: If something is missing (like a blank space or missing date), we can’t proceed. The document must be complete before we can notarize it. The signer(s) can fill them out, or indicate N/A, at their notarization, but those blanks must go.

Why?  Because leaving blank spaces in a document that is signed and notarized is like not drawing a line after you’ve written the amount of a check.  Anyone can come by and fill it in for their own purposes.  Trust me, you want us to check this.

4. We Cannot Notarize if the Signer is Not Willing or Aware.
If someone isn’t mentally alert or seems confused, we’re legally required to stop the process. Signers must understand what they’re signing and do so willingly.  If the notary has the sense that the signer(s) is under duress or coercion to sign the document, it is our responsibility to stop the signing.

5. We Don’t Skip the ID
Even if you’re in a rush, we still have to check your ID every time. It’s not about trust, it’s about the law.

6. We Don’t Back-Date or Future-Date Notarizations
The notarial certificate must reflect the date the notarization actually happens. Anything else is illegal.

7. We are not allowed to use our stamp on a page unless there is a Montana-compliant certificate of notarization on that page.  

Sometimes people think it might be a good idea to have a notary stamp, or sign and stamp, pages that have no certificates.  The Montana Secretary of State is very clear about this:

“Simply affixing your seal and signing your name does not constitute a proper notarization in the state of Montana. In fact, §1-5-625(1)(d), MCA, specifically prohibits that practice.”...” NEVER “sign and stamp” any document that does not have a full notarialcertificate that complies with Montana law!”

I hope that clears up understandable confusion about notaries and why we “do the things we do” and don’t do others. 

At Ravalli Mobile Notary, I seek to offer precision, accuracy, and compliance to ensure that your notarization is valid and your document will not be sent back or rendered invalid.  

I also care about people and love our Ravalli County community.  I’m here for you, let’s make this easy!

Cynthia