Certifications and Copy Certification

"My grandmother just passed away and I need a certified copy of her birth certificate for the estate." This sounds like a reasonable request—but you must refuse. California notaries are prohibited from certifying copies of vital records. The customer needs to contact the county vital records office, not a notary.

Understanding what you CAN and CANNOT certify is one of the most practically important topics for your notary career—and one frequently tested on the exam.

The General Rule: What Notaries CANNOT Certify

California notaries are prohibited from certifying copies of most official documents:

Why Can't Notaries Certify These?

The Exception: Powers of Attorney

California notaries CAN certify copies of one specific document type:

Why Power of Attorney Is Different

When someone grants a power of attorney, they may need multiple certified copies to give to:

• Banks
• Real estate agents
• Healthcare providers
• Government agencies

Rather than creating multiple originals, the principal can have one original and multiple certified copies.

Procedure for Certifying a Power of Attorney Copy

Copy Certification by Document Custodian

For documents notaries CANNOT directly certify, there is an alternative process called Copy Certification by Document Custodian.

What It Is

Instead of the notary certifying the copy, the document owner (custodian) certifies the copy—and the notary notarizes THAT certification.

Who Is the "Custodian"?

The custodian is the person who:

• Possesses the original document
• Has the right to make copies of it
• Is willing to swear the copy is accurate

Examples:

• Property owner certifying a copy of their own deed
• Business owner certifying a copy of their business contract
• Individual certifying a copy of their personal records

The Critical Distinction

Key Point: The notary does NOT compare the copy to the original. The custodian certifies it's accurate; the notary simply notarizes that the custodian swore this to be true.

Step-by-Step Procedure for Copy Certification by Document Custodian

Sample Custodian's Certification Statement

"I, [name], am the custodian of the original document described as [description]. I hereby certify that the attached copy is a true and correct copy of the original document."

Signature: _________________ Date: _________________

The notary then adds a jurat: "Subscribed and sworn to before me this ___ day of ___..."

What the Notary Is NOT Doing

Risk Management: If you compare the documents and the copy later turns out to be inaccurate, you could be liable. By NOT comparing, you're only certifying that the custodian swore the copy was accurate.

Summary: Copy Certification Quick Reference

On the Exam

Expect 2-3 questions on copy certification. Key points tested:

• Power of attorney: The ONLY document notaries CAN directly certify copies of
• Vital records: Birth, death, marriage certificates = CANNOT certify
• Public records: Court documents, recorded deeds = CANNOT certify
• Custodian certification: Notary notarizes the custodian's OATH, not the copy
• No comparison: Notary does NOT compare copy to original