What a notary can and cannot do in Illinois

What a notary public actually does

A notary's job is narrow and important. I confirm that the person signing is who they say they are, that they're signing willingly, and that they appear to understand what they're signing. Then I complete the notarial certificate, apply my seal and record the act in my journal.

That's the whole job. I don't make a document legal or illegal, and a notary seal doesn't mean I've approved or checked the contents. It means the signature is genuine and was made by the right person, in front of me.

Most documents I notarize fall into a few groups: powers of attorney and estate papers, vehicle titles, affidavits, bank and insurance forms, and real estate documents. The rules below apply to all of them, whether I'm at your home or a hospital bedside, and whatever the visit costs.

What an Illinois notary can do

• Take acknowledgments, where you declare that you signed a document. This is the most common act, used on deeds, powers of attorney and titles.
• Administer oaths and affirmations, and complete jurats for affidavits and sworn statements.
• Witness or attest signatures.
• Travel to you. A mobile notary has the same powers at your kitchen table as at a bank counter.
• Notarize for a spouse or relative in most cases. The Secretary of State's handbook allows it, though some documents, like a power of attorney for property, bar a relative from notarizing (755 ILCS 45/3-3.6).
• Refuse to notarize. Under 5 ILCS 312/6-102(e), a notary isn't obligated to perform any notarial act and may decline.

What an Illinois notary cannot do

These come mostly from the list of prohibited acts in 5 ILCS 312/6-104.

• Prepare a legal document or fill in its blanks, other than the notarial certificate. Choosing which form you need is legal advice too.
• Explain, certify or verify what a document says or means.
• Give legal advice or accept payment for it. That's the practice of law, and only licensed attorneys can do it.
• Notarize their own signature, or acknowledge a document in which their own name appears as a party.
• Sign a blank certificate or notarize an incomplete document.
• Change anything in a document after someone has signed it.
• Charge more than $5 per traditional notarial act (5 ILCS 312/3-104).
• Act as an electronic notary without a separate electronic commission from the Secretary of State.

Language and reading limits

Illinois protects signers who might not understand a document. Under 5 ILCS 312/6-104, a notary can't take an acknowledgment from someone who doesn't speak or understand English unless the document has been translated into a language they understand. And a notary can't take an acknowledgment from a person who is blind until the notary has read the document to them.

If a signer needs a translated document, the person or agency preparing it has to provide that before the visit. I can't translate legal documents myself.

Common requests, and whether I can help

Certified copies and apostilles

People often ask for a certified copy of a birth certificate, diploma or passport. Certified copies of vital records, like birth, death and marriage certificates, come only from the office that holds the original record, such as the county clerk or the state vital records office. A notary can't make one.

Copy certification by a notary is limited in Illinois. If an agency asks you for a certified copy of something else, ask them exactly what they'll accept before booking. For documents headed overseas, the Illinois Secretary of State issues the apostille, often after a notarization. My apostille notary service page explains how I fit into that process.

Online and remote notarization

Illinois allows electronic notarization only by notaries who hold a separate electronic notary commission and use an approved platform, and a notary can't claim to be an electronic notary without one (5 ILCS 312/6-104). I don't offer remote or online notarization. Every notarization I do is in person, with the signer in front of me.

When I'll stop a notarization

Refusing is rare, but it protects you. These are the usual reasons.

1. No acceptable IDThe signer needs ID that meets the Illinois notary ID rules.
2. The signer seems unwilling or pressuredIf someone else is pushing the signer, I'll pause and talk with the signer directly.
3. The signer doesn't seem to understandCommon in hospitals. I'll suggest trying again when the signer is more alert; my hospital notary checklist helps plan the timing.
4. The document is incompleteBlank spaces need to be filled in or marked not applicable by the signer before I notarize.
5. Someone asks me to do something unlawfulBackdating, skipping the ID check, or notarizing without the signer present. The answer is always no.

Questions people ask

Sources

1. 5 ILCS 312/6-104, Notary acts prohibited
2. 5 ILCS 312/6-102, Notarial acts
3. 5 ILCS 312/3-103, Foreign language advertising and "notario"
4. Illinois Secretary of State, Notary Public Handbook (July 2023)
5. University of Illinois Student Legal Services, Notaries Public
6. National Notary Association, New Illinois rules for traditional and electronic notary commissions

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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