The Nursing Home Signing
Pat is a notary public in Monroe County. A family asks Pat to travel 35 miles to a Rochester nursing home to notarize a property transfer. Three siblings will each sign a separate acknowledgment, and one sibling will also swear to an affidavit. Pat plans to charge $50 for travel and $10 for each signature, for a total of $80. The family also asks Pat to “certify” photocopies of each sibling’s driver’s license for $5 per copy. Pat has a stamp, a journal, and a current commission. The family wants an itemized bill before Pat leaves.
1. What is the maximum lawful notarial fee Pat may charge for the three acknowledgments and one affidavit oath, and may Pat add the $50 travel charge? Explain.
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New York caps the fee for each notarial act at $2. Pat would perform four notarial acts: three acknowledgments and one oath for the affidavit. The maximum is therefore 4 × $2 = $8. Pat may not add a separate $50 travel charge when acting only as a notary; the statutory fee is for the notarial act itself, not mileage or convenience. Charging $80 exceeds the cap and can lead to discipline and criminal exposure for overcharging.
2. May Pat certify the photocopies of the licenses? What should Pat tell the family?
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No. New York notaries are not authorized to certify copies of documents or identification cards. Pat cannot issue a “certified copy” stamp for the licenses. Pat may notarize a sworn statement in which a person with personal knowledge swears that a copy is true, but that is different from the notary certifying the copy. Pat should decline the copy-certification request and explain that a different official or procedure may be required.