What Colorado Notaries Can and Cannot Do
Notaries public play an important role in helping prevent fraud and ensuring the integrity of important documents. Whether you’re signing a real estate deed, power of attorney, affidavit, or other legal document, a Colorado notary serves as an impartial witness to the signing process. However, many people misunderstand what a notary is authorized to do. Understanding the limits of a Colorado notary’s authority can help you avoid delays and ensure your documents are handled properly.
What Colorado Notaries Can Do
A commissioned Colorado notary public has several important responsibilities under state law. These include:
**Verify the identity of the signer.** A notary must confirm that each signer is who they claim to be by examining satisfactory identification or using another legally accepted method of identification.
**Witness signatures.** Notaries may witness individuals signing documents and complete the appropriate notarial certificate confirming that the signature was made voluntarily and in their presence when required.
**Administer oaths and affirmations.** Colorado notaries are authorized to administer oaths or affirmations for affidavits, sworn statements, depositions, and other documents that require a sworn declaration.
**Take acknowledgments.** An acknowledgment allows a signer to confirm that they willingly signed a document for its intended purpose. This is one of the most common notarial acts performed in Colorado.
**Certify copies of certain documents when permitted by law.** Colorado law allows notaries to certify copies only in limited circumstances. Many public records, such as birth certificates, marriage certificates, and court records, must be obtained directly from the issuing government agency.
**Maintain a notary journal when required.** Keeping accurate records of notarizations helps protect both the public and the notary by providing documentation if questions arise later.
What Colorado Notaries Cannot Do
Although notaries perform important legal functions, there are clear limits to their authority.
**They cannot provide legal advice.** Unless the notary is also a licensed attorney, they cannot explain legal documents, recommend which forms to use, or advise clients on the legal consequences of signing.
**They cannot prepare legal documents without authorization.** Drafting contracts, wills, deeds, or powers of attorney for others constitutes the unauthorized practice of law unless the individual is qualified to do so.
**They cannot notarize without the signer present.** Except as permitted through Colorado’s authorized remote online notarization procedures, the signer must personally appear before the notary at the time of notarization.
**They cannot notarize incomplete documents.** Blank spaces in documents can create opportunities for fraud. A notary should refuse to notarize a document that is incomplete or appears suspicious.
**They cannot notarize their own signature.** A notary may never notarize a document on which they are the signer.
**They cannot notarize documents when they have a prohibited conflict of interest.** A notary must remain impartial and avoid notarizations that violate Colorado law regarding disqualifying interests.
**They cannot refuse service for discriminatory reasons.** Notaries must provide services without discrimination while complying with all applicable state and federal laws.
## Why These Rules Matter
The purpose of a notarization is not to verify the truthfulness of a document or guarantee its legality. Instead, the notary’s responsibility is to verify the identity of the signer, confirm the signer is acting willingly, and complete the notarial act according to Colorado law. These safeguards help reduce fraud and increase confidence in important legal and financial transactions.
For individuals seeking notarization, arriving with valid identification, ensuring documents are complete before the appointment, and understanding what the notary can and cannot do will help the process go smoothly.
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Colorado notaries serve as trusted public officials whose role is to authenticate signatures and administer certain official acts—not to provide legal advice or replace an attorney. Knowing the boundaries of a notary’s authority protects everyone involved and helps ensure documents are executed correctly.
Whether you’re signing real estate paperwork, business documents, estate planning forms, or personal affidavits, working with a knowledgeable Colorado notary ensures your notarization is completed professionally and in compliance with state law.