A Notary Public can turn a private piece of writing into a public document and he can attest to the authenticity and due execution of a written act. A notarial act is required in many instances under our laws. For example, last wills and testaments, special powers of attorney, the easement of light and view Are all required to be public documents.
Rule IV of the 2004 Rules of Notarial Practice provides that a notary public has the following powers:
a. A notary public is empowered to perform the following notarial acts:
- acknowledgments;
- oaths and affirmations;
- jurats; signature witnessings;
- copy certifications; and
- any other act authorized by these Rules.
b. A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if:
- the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document;
- both witnesses sign their own names in addition to the thumb or other mark;
- the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; and
- the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.
c. A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:
- the notary public is directed by the person unable to sign or make a mark to sign on his behalf;
- the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document; both witnesses sign their own names;
- the notary public writes below his signature: “Signature affixed by notary in presence of (names and addresses of person and two [2] witnesses)”; and
- the notary public notarizes his signature by acknowledgment or jurat.