One of the most common questions we receive at B. Elise Notary Services is some version of:

“Do you have the document?”

Sometimes a customer needs a Power of Attorney. Another may be looking for a Last Will and Testament, affidavit, agreement, or another document that eventually needs to be notarized.

It is understandable why people ask. If you're coming to a notary to have a document notarized, you might assume the notary also provides the document.

But preparing a document and notarizing a document are two very different services.

Understanding that difference can save you time and help you know where to go before scheduling your notary appointment.

What Does It Mean to Prepare a Document?

Document preparation happens before the notarization.

Depending on the document and your circumstances, preparation may involve creating the document, choosing the appropriate form, entering information, deciding what provisions should be included, or having an attorney draft a document specifically for your needs.

At B. Elise Notary Services, we do not draft, prepare, select, or provide legal documents for our customers.

There is an important reason for that distinction.

Florida notaries must remain within the authority granted to them by law. Under Florida Statutes §117.01(4)(f), the unauthorized practice of law is specifically identified as grounds upon which the Governor may suspend a notary public. In other words, holding a Florida Notary Public commission does not authorize a notary to practice law.

For that reason, a notary should not cross the line from performing a notarial act into providing legal services that the notary is not otherwise legally authorized to provide.

That can include determining which legal document someone needs, advising a person about the legal effect of provisions in a document, or drafting a legal instrument for someone when doing so would constitute the practice of law.

For example, you might call and say:

“I need a Power of Attorney. Which one do I need?”

As your notary, we cannot make that legal decision for you.

If you are unsure which document is appropriate for your circumstances or need advice about what a document should say, you should consult a licensed attorney.

If you already know which document you need and are simply looking for a self-service option to create it, online document preparation resources may also be available.

What Does a Notary Do?

The notary's role is different.

Once you have the appropriate document and are ready for the notarial act, a notary's responsibilities may include verifying the identity of the signer, determining that the signer is appearing willingly, administering an oath or affirmation when required, taking an acknowledgment, and completing the appropriate notarial certificate in accordance with Florida law.

Depending on the notarial act, the signer may be acknowledging a signature that has already been made or signing the document in the notary's presence.

The notary is responsible for the notarial act—not the legal content of the document.

That distinction is important.

When we notarize a Power of Attorney, for example, we are not confirming that the Power of Attorney accomplishes your legal goals. We are performing the appropriate notarial act associated with the document.

“But Doesn't the Notary Know What Form I Need?”

A professional notary may see hundreds or even thousands of documents throughout their career.

That experience does not turn the notary into the person who should select a legal document for a customer.

Knowing how to properly perform a notarization and knowing which legal document someone should use are two completely different things.

This is one of the professional boundaries Florida notaries must understand.

Sometimes the best answer we can give a customer is:

“I can notarize the document once it is ready, but I cannot tell you which document you need.”

That isn't a refusal to help. It is recognizing where the notary's role ends and another professional's role begins.

So Where Can I Get a Document?

You have several options depending on what you need.

If you need legal advice, have questions about your rights or obligations, or aren't sure which document is appropriate, consider speaking with a licensed attorney.

If you already know the document you need and prefer a self-service option, B. Elise Notary Services provides access to third-party document resources through our Legal Document Resources page.

One of those resources is LawDepot, an independent online document platform that allows consumers to create customizable legal documents. Customers accessing LawDepot through our designated affiliate links can receive 10% off eligible purchases.

Affiliate Disclosure: B. Elise Notary Services LLC participates in the LawDepot affiliate program and may receive compensation when purchases are made through our affiliate links. LawDepot is an independent third-party service. B. Elise Notary Services LLC does not draft, prepare, select, or provide legal advice regarding these documents.

What If I Already Have My Document?

Then you're one step closer to being ready for your notary appointment.

Before scheduling, review the document and make sure it is complete and ready for signing. If you have questions about the legal content or aren't sure how the document should be completed, contact the document's issuing party or a licensed attorney before your appointment.

B. Elise Notary Services offers flexible notarization options, including:

• In-office notarization in Port St. Lucie, Florida

• Mobile notary services for customers who need a notary to travel to them

• Remote Online Notarization (RON) for eligible documents and signers who prefer to complete the notarization online

The appropriate option will depend on your document, circumstances, and applicable requirements.

Preparing the Document vs. Notarizing the Document

The easiest way to remember the difference is this:

Document preparation is about creating or completing the document. Notarization is about performing the notarial act.

Your document preparer, online document service, issuing agency, or attorney may help you obtain or prepare the document.

Your notary performs the requested notarization once the document is ready.

Those roles should not be confused.

Need a Document or Need a Notary?

We've made it easier to determine your next step.

If you need a document, visit our Legal Document Resources page to explore available third-party self-service resources.

If you aren't sure which document you need or need legal advice, consult a licensed attorney.

If you already have your document and are ready for notarization, schedule an appointment with B. Elise Notary Services.

Knowing which step you're on can save you from showing up for a notary appointment without the document you actually need.

At B. Elise Notary Services, our role is to make the notarization portion of that process professional, convenient, and clear.

In the notary world, not all signings are straightforward. Occasionally, you may encounter situations where a signer cannot write their name due to a disability, injury, or illiteracy. In these cases, Florida law allows two special signing methods — signing by mark and signing by proxy. Each requires specific steps and witness involvement to ensure validity and protection for all parties involved.

1. Signing by Mark

A signing by mark occurs when a person is unable to write their signature but can make a mark — such as an “X” — on the document.

Requirements:

• The signer must make the mark in the presence of the notary.

• Two witnesses must be present to observe the signing.

• The witnesses must be disinterested parties (not named in the document and not beneficiaries to the transaction).

• The witness for the mark should not also be the document witness.
  

• The notary must write out the signer’s name next to the mark and note the method in the notarial certificate (e.g., “John Doe, who signed by mark in my presence”).

This procedure ensures that even when a person cannot sign conventionally, their intent and consent are properly verified and recorded.

2. Signing by Proxy

A signing by proxy is used when a person is physically unable to sign or make a mark. In this case, another individual may sign the person’s name at their direction and in their presence.

Requirements:

• The signer must direct another person to sign their name.

• The proxy signer must sign in the presence of the principal signer and the notary.

• Two disinterested witnesses must be present and observe the act.

• The notarial certificate should clearly indicate that the signature was affixed by proxy (e.g., “Signature affixed by Jane Smith at the direction of John Doe, who was unable to sign.”)

This method is intended for extraordinary situations and must be handled with great care and documentation to prevent fraud or disputes.

3. Witness Integrity and Disqualification

• Must personally know the signer or be a disinterested party.

• Cannot be listed in the document as a party or beneficiary.

• Cannot have a financial interest in the transaction.

These requirements ensure fairness, impartiality, and protection against undue influence or fraud.

4. The Notary’s Role

As a notary public, your responsibility is to ensure that:

• The signer’s identity, willingness, and awareness are verified.

• Proper witness qualifications are met.

• The notarial certificate accurately reflects the circumstances of the signing.

Documenting the process in your notary journal — including witness names, ID types, and notes about the situation — adds another layer of protection.

Final Thoughts

Special circumstance signings are about access and integrity. Every person deserves the ability to execute important documents — even when physical limitations exist. As a notary, your understanding of these procedures upholds that right while maintaining compliance with Florida law.

Stay informed, stay diligent, and always document thoroughly.