What ID do you need for a notary in Illinois?

What Illinois law says about notary ID

Before I notarize a signature, I have to be sure the signer is who they say they are. The Illinois Notary Public Act, at 5 ILCS 312/6-102, calls this satisfactory evidence of identity, and it allows three ways to get there.

First, I personally know the signer. Second, a credible witness whom I personally know identifies the signer under oath or affirmation. Third, the signer shows an identification document issued by a state agency, a federal agency or a consulate, with the signer's photograph and signature, that is valid at the time of the notarial act.

Since I usually meet families for the first time at the visit, the third option, a valid photo ID, is what almost every signing depends on.

IDs that usually work

Bring the original card, not a photo of it or a photocopy.

• Current Illinois driver's license or state ID card, including a REAL ID.
• A current driver's license or state ID from another U.S. state.
• A current U.S. passport book.
• Other government-issued photo IDs, such as a permanent resident card, military ID or consular ID, may work if they're current and show both a photo and a signature. Call me first so I can tell you before the trip.

What doesn't count as ID

• A photocopy, a phone photo or a scan of an ID.
• A hospital wristband or a nursing home resident card.
• A jail wristband or facility ID card, which usually isn't issued by a state or federal agency.
• Work badges, school IDs, credit cards, Medicare cards and Social Security cards.
• A family member saying "that's my mother." Unless I personally know that relative, it isn't a credible witness under Illinois law.

How credible witnesses really work in Illinois

People often hear that two friends can vouch for a signer with no ID. That's how it works in some states, but not under Illinois law. In Illinois, a credible witness must be someone I personally know, and they identify the signer under oath or affirmation.

In practice, that means a credible witness rarely solves an ID problem for a new client. If the signer has no current ID, the honest answer is usually to get one first or to ask the attorney or institution requesting the document what alternatives they accept.

ID problems in hospitals, nursing homes and jails

These are the situations I see most, and what usually fixes them.

1. Hospital: ID is at homeThis is the most common one. Have a family member bring the actual card before I arrive. Ask the nurse whether the patient's belongings went to security; some hospitals store valuables there. More tips are in my hospital notary checklist.
2. Nursing home: ID is in the business officeMany facilities keep residents' cards locked up. Call the front office the day before and ask them to have it ready for the visit. My nursing home notary visits go faster when this is sorted out first.
3. Nursing home: ID expired years agoCommon with residents who stopped driving. Look for any other current government photo ID, such as a passport. If there isn't one, call me before booking and I'll tell you honestly whether the signing can happen.
4. Jail: ID is in booking propertyThe person's license or state ID is often in their property. Ask the facility, or the person's attorney, whether it can be made available for the notary visit. My Cook County Jail notary guide walks through the rest.

When the name on the document doesn't match the ID

The name the signer uses on the document should match their ID. Small differences are usually fine when the ID shows at least as much as the document. For example, an ID reading Mary Ann Kowalski supports a signature as Mary A. Kowalski.

Bigger differences cause trouble: a maiden name on the document and a married name on the ID, a nickname like Bob for Robert, or a missing last name. The fix is to have whoever prepared the document correct the name before the visit. I can't change the document myself, because Illinois prohibits a notary from altering a document after it's been signed or filling in its blanks (5 ILCS 312/6-104).

ID for agents, witnesses, minors and non-English speakers

• Agents and co-signers. Anyone whose signature is being notarized needs their own acceptable ID, just like the main signer. On a power of attorney signing, that can include the agent if the document has an agent signature to notarize.
• Witnesses. Bring ID for every witness. Some documents ask for the witness's name and address, and it keeps the record clean.
• Minors. The Secretary of State's handbook says a minor can have a signature notarized if they can provide proof of identification, and a parent or guardian should be present.
• Signers who don't read English. Illinois bars a notary from taking an acknowledgment from someone who doesn't understand English unless the document is translated into a language they understand (5 ILCS 312/6-104). Arrange the translation before the visit.

What I record from your ID

For each notarization, I record the type of ID I relied on in my notary journal. Illinois law limits what a notary can share from those records, so your information stays with me except where the law requires otherwise.

If you have questions about a specific ID before booking, call (708) 787-8868. It's a two-minute call that can save a wasted trip. You can see what visits cost on my pricing page.

Questions people ask

Sources

1. 5 ILCS 312/6-102, Notarial acts and satisfactory evidence of identity
2. 5 ILCS 312/6-104, Notary acts prohibited
3. Illinois Secretary of State, Notary Public Handbook (July 2023)

Written by Alex G Koch, Illinois notary public (commission no. 1040610, verify with the Illinois Secretary of State). This guide is general information, not legal advice.

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