What Documents Cannot Be Notarized in New York?
Not every document can or should be notarized. Some categories of documents cannot be notarized by NY law, and others should be declined by a professional notary. Here is a complete breakdown of both.
This article is for educational purposes only. For questions about a specific document in your situation, consult a licensed NY attorney.
Documents a NY Notary Cannot Legally Notarize
The notary's own documents
Why: A notary cannot notarize their own signature. Notarization requires an independent third party.
What to do: Find another commissioned notary.
Documents with financial interest
Why: If the notary stands to benefit financially from the document, NY law prohibits the notarization.
What to do: Find a disinterested notary.
Affidavits without a personal appearance and oath
Why: For affidavits, the signer must personally appear and swear to the statement before the notary; handing over a signed affidavit without taking an oath is not enough. Best practice is to have the signer sign in your presence.
What to do: Have the signer appear and sign again in the notary's presence, or use an acknowledgment if the document type permits.
Blank documents with unfilled spaces
Why: A notary should not notarize a document with blank spaces that are meant to be filled in after the notarization. This creates fraud risk.
What to do: Complete the document fully before notarization.
Documents signed by someone who lacks capacity
Why: A notarization certifies a voluntary act. A person who cannot understand what they are signing lacks legal capacity to make that act.
What to do: Consult an attorney about guardianship or other legal mechanisms.
Documents signed under apparent duress
Why: A notarization certifies that the signing was voluntary. If the signer appears to be coerced, the notary should decline (19 NYCRR 182.3(b)).
What to do: Address the duress situation before proceeding.
Documents That Cannot Be "Notarized" Because They Are Already Official
Some documents people try to have notarized are themselves official government records. Notarizing an official government document does not make it "more official" - it is already the authoritative version. These documents cannot be notarized:
Original birth certificate
Already an official government record. Request a certified copy from the vital records office instead.
Original death certificate
An official government document. Certified copies are available from the issuing office.
Marriage certificate
Government-issued record. Cannot be notarized, but a certified copy can be obtained from the registrar.
Social Security card
Federal document. Cannot be notarized. Replacements are available from the SSA.
Passport
A federal document. Cannot be notarized as a document - only a sworn statement about it can be notarized.
Court orders and judgments
Official court records. Certified copies available from the clerk of court.
Special Cases: Wills and Health Care Proxies
Wills and health care proxies in New York have their own execution requirements under NY EPTL (Estates, Powers and Trusts Law) and Public Health Law. These documents require witnesses - not typically notarization - though this area of law is nuanced and has exceptions for certain situations.
A NY notary should be very careful about notarizing wills. The standard will execution in NY requires two witnesses, not a notary. Some wills include a self-proving affidavit that is notarized, but this is separate from the will itself. If someone asks you to simply "notarize their will," clarify what they actually need before proceeding.
Health care proxies under NY Public Health Law Section 2981 must be signed in the presence of two adult witnesses, who also sign (the agent cannot be one of them); notarization is not required. RON rules for health care proxies are more restricted. When in doubt, refer the client to an elder law attorney.
What to Do When You Cannot Notarize a Document
When a document cannot be notarized, there are usually alternative paths to accomplish the underlying goal:
- Explain clearly why you cannot notarize and what specifically needs to change
- Suggest that they consult a licensed attorney if the document involves legal complexity
- For government records, direct them to the appropriate official source for certified copies
- For documents with blank spaces, ask them to complete the document and return
- Make a brief note in your journal that you declined and why
Frequently Asked Questions
Independent educational resource · Not affiliated with the NY Department of State
NY Notary Hub is an independent educational resource for New York notaries and exam candidates. Our articles are researched from the official NY Department of State Notary Public License Law booklet and DOS guidance. This content is educational and is not legal advice.
Last reviewed: May 2026. Source: NY DOS Notary Public License Law booklet. This article is for educational purposes and does not constitute legal advice.