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UNAUTHORIZED PRACTICE OF LAW
OPINION OF THE PENNSYLVANIA BAR ASSOCIATIONSubject: Authority of Notaries Public to prepare legal documents.
“It is the OPINION of the Pennsylvania Bar Association Unauthorized Practice of Law Committee that the Office of Notary Public is a creature of statute, specifically created by the Notary Public Law, 1953, Aug. 21, P.L. 1323 1, etc., that notaries are specifically limited to the powers and authority therein granted to them, and that there is nothing in the law which authorized a notary public to prepare any document or writings which would have any legal effect, and that such preparation of any such documents or writings by a Notary Public is the unauthorized practice of law, within the meaning of 42 Pa. C.S.A. 2524.”
A notary public shall not prepare wills or other legal documents.
A notary shall not express a legal opinion or suggest the type of form to be used in the notarization process.
HOWEVER: Notaries who are licensed insurance agents may discuss the
coverage or limitations of coverage in an insurance contract. If licensed to engage in the mortgage banking business, the notary may discuss the provisions of a mortgage application and the terms of a mortgage. Notaries who are also attorneys may discuss the legal aspects of documents.