Do You Need Witnesses for Notarized Documents? What You Should Know

When signing important documents, your documents may need to have one or more witnesses present in addition to a notary public.

I often work with documents involving Estate Planning, Powers of Attorney, Healthcare Directives, Real Estate, and other important legal matters. Understanding the role of witnesses can help make the notarization process smoother and prevent unnecessary delays.

What Is the Difference Between a Notary and a Witness?

Although both a notary public and a witness may be present when a document is signed, they serve different purposes.

• The witness observes the signing of a document and may later be asked to confirm that the signer signed it.

• The notary public verifies the signer's identity, completes the required notarial act, and helps deter fraud by following Arizona notary laws.

As a notary, we do not automatically serve as a witness, and having a document notarized does not necessarily eliminate the need for witnesses.

Which Documents May Require Witnesses?

Some documents are going to require witnesses under applicable laws or the instructions provided within the document.

These are common examples:

• Power of Attorney: Certain Powers of Attorney may require witnesses, notarization, or both, depending on the type of document and applicable state law.

• Healthcare Directives: Living wills, healthcare powers of attorney, and other advance directives may have specific witnessing or notarization requirements.

• Wills: Wills often have particular witness requirements that must be followed for the document to be valid.

• Trust and Estate Documents: Some estate planning documents may require witnesses in addition to notarization, depending on the document.

• Real Estate Documents: Certain real estate documents may have witnessing requirements based on the document type and applicable law.

Requirements will vary by state and by the specific document. It's important to read through the document and confirm the signing instructions before your appointment.

Arizona Witness Requirements under Arizona Law

In Arizona, witness requirements depend on the type of document.

• Financial Durable Power of Attorney: Arizona law generally requires a witness who is not the agent, the agent's spouse, the agent's children. The document must also be properly notarized.

  
  

• Healthcare Power of Attorney: Arizona law allows the document to be either notarized or witnessed by at least one adult. The witness can not be family or a healthcare employee.

  
  

• Wills: Arizona has specific witness requirements for wills, including restrictions on who may serve as a witness, depending on the circumstances.

  
  

Because these requirements differ, it is important to review the document's instructions and consult an attorney if you are unsure.

Can a Notary Also Be a Witness?

This is a common question, particularly when arranging a mobile notary appointment.

In Arizona, a notary public cannot serve as the required witness for a Financial Durable Power of Attorney under the standard statutory execution requirements. For Healthcare Powers of Attorney, Arizona law permits either notarization or witnessing, subject to specific eligibility restrictions.

If a document requires both a notary and a witness, a separate, eligible, and impartial witness should be arranged unless the document's applicable requirements provide otherwise.

Who Can Serve as a Witness?

A witness generally needs to be an adult who is eligible under the applicable law and the document's instructions. Certain individuals are disqualified: including beneficiaries, agents, or people directly involved in providing healthcare, family.

A neutral, disinterested adult can help avoid potential conflicts or questions about the signing. They must also be 18 years old or older

What Should You Do Before Your Notary Appointment?

A little preparation can help prevent delays, especially when signing important documents at home, in a hospital, or in a senior living community.

Before your appointment:

• Review the document to determine how many witnesses are required.

• Confirm whether the document needs notarization, witnesses, or both.

• Arrange for eligible witnesses to be present if needed.

• Check with the notary to see if they are able to provide witnesses.

• All people signing must have a valid, government-issued photo ID available for the notary.

• Do not sign the document in advance if the notary or document instructions require you to sign in their presence.

  
  

  • CONTACT AN ATTORNEY OR CERTIFIED LEGAL DOCUMENT PREPARER IF YOU HAVE QUESTIONS ABOUT THE DOCUMENTS LEGAL REQUIREMENTS.

    
    

  • THE NOTARY IS NOT A LAWYER AND IS NOT ALLOWED TO ANSWER QUESTIONS THAT NEED ANY TYPE OF LEGAL GUIDANCE.