Does the Person Signing Have to Be Present for Notarization?

Why personal appearance exists

Personal appearance is what makes notarization meaningful. It is the moment the notary confirms the signer is who they claim to be, is signing willingly and appears to understand the act. Removing it would remove the protection the notarial certificate is supposed to provide.

Remote online notarization still counts as appearing

Where a state authorizes remote online notarization, appearing by live two-way audio-video with identity proofing satisfies the requirement. This is the option most often used when a signer is out of state, overseas or unable to travel.

When a signer cannot attend

• Use a mobile notary who travels to the signer's home, hospital room or facility.
• Use remote online notarization, where permitted for the document.
• Schedule separate appointments if signers are in different places, where the document allows separate notarizations.
• If the signer has appointed an agent under a power of attorney, that agent may be able to sign in their own capacity — ask the document recipient how it should be executed.

Capacity and willingness

A notary must be able to communicate directly with the signer and must decline if the signer appears confused, coerced or unaware of what they are signing. That applies equally at home, in hospital and online.