By David Thun on August 9, 2017
Updated 7-28-20. Many Notaries have asked what to do with foreign "Proof of Life" documents that require notarizations not allowed in many U.S. jurisdictions. Here are answers to frequently asked questions that come up with these documents.
What Is A Proof Of Life Document?
A "Proof of Life" document or "Life Certificate" is a form used by foreign governments and institutions to qualify pensioners and other beneficiaries living abroad for financial benefits. These forms often include instructions that the document must be presented to a Notary, and sometimes ask the Notary to certify that the person named in the document is currently living.
Can I Notarize A Proof Of Life Document?
Not always. It depends on what it’s asking you to do and the state you are commissioned in. Some proof of life documents simply require the individual named in the document to have their signature notarized with a standard act such as a jurat. If this is the case, you may notarize the signature on the document.
However, if the document asks you to certify that the signer is currently alive, chances are your state law doesn't permit Notaries to do that. Washington state is an exception, because Washington Notaries are permitted to certify that an event has occurred or an act has been performed — the "event" in this case being that the pensioner is alive on a certain day. Notaries in Louisiana and Puerto Rico, who have broader authority and legal powers than Notaries in other jurisdictions, also may certify a signer’s status on a life certificate.
Alabama and Florida civil law Notaries, who are also attorneys, are authorized to certify a signer's living status on proof of life documents, but Notaries with regular Notary commissions in these states may not do so.
Other proof of life forms may ask for a "signature witnessing" where the Notary certifies the document was signed by an identified individual in the Notary's presence. The following jurisdictions authorize Notaries to perform signature witnessings: Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maryland, Massachusetts, Michigan, Missouri (starting August 28, 2020), Minnesota, Mississippi, Montana, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Utah, Washington, West Virginia, Wisconsin and Wyoming.
Recently, Notaries have contacted the NNA Hotline asking about proof of life documents in which the signer simply asks the Notary to sign and affix a seal to a document lacking any certificate wording. Except in the states of Maryland and Michigan, Notaries should not accept these requests. A Notary cannot just stamp and sign a document without a notarial certificate, though many people mistakenly make this request. California prohibits Notaries from affixing their seals and signatures to a document without completing a certificate. Texas permits its Notaries to refuse a request if the Notary is not familiar with the type of notarization requested.
Alternatives For Proof Of Life Documents
If you are unable to perform a notarization for a proof of life document, the signer may be able to have the document notarized at an embassy or consulate of the issuing nation instead. Consular officers are normally authorized to notarize documents related to their home nation.
David Thun is an Associate Editor at the National Notary Association.