Top 5 Mistakes to Avoid Before Visiting a Notary in Ontario

Visiting a notary public in Ontario may seem simple, but many people make mistakes that can delay the notarization process or even render their documents invalid. Whether you are preparing a power of attorney, will, affidavit, or travel consent letter, being fully prepared is crucial. In this blog, we discuss the top mistakes clients often make before visiting a notary, and how you can avoid them. Understanding these common pitfalls will save time, stress, and potential legal complications.

Mistake 1: Signing Your Document Before Arriving

One of the most frequent mistakes clients make is signing their documents before arriving at the notary office. Many people assume that once they have drafted a document, they can sign it at home and simply bring it to the notary for verification. In Ontario, however, this is not allowed for certain documents. A notary public must witness the signing of the document to verify that it was done willingly and by the correct person.

Documents such as powers of attorney, wills, affidavits, and travel consent letters require that the signing occur in front of the notary. The reason is simple: notarization is more than just a stamp on paper. It is a legal certification that the person signing is who they claim to be, understands the document, and is signing voluntarily. If you arrive with a document already signed, the notary cannot notarize it, and you will need to redo the process entirely.

For example, if you prepare a power of attorney for someone to manage your finances while you are abroad, signing it beforehand could prevent the document from being accepted by banks or legal authorities. To avoid this, always wait until you are seated with the notary before signing. The notary will guide you through the process, verify your identity, and ensure that all signatures are done correctly.

Mistake 2: Not Having Your Witnesses Present

Another common error is failing to bring the required witnesses. Some documents require witnesses in addition to the notary. This is particularly true for wills and powers of attorney, where witnesses confirm that the signer is acting voluntarily and is fully aware of the content of the document.

Without the proper witnesses, the document may not be legally valid. This mistake is surprisingly common, especially among clients who assume that the notary alone is enough. Witnesses are not just a formality; they play a critical role in ensuring the document’s legality and protecting the signer in case of future disputes.

For instance, if a client prepares a will and brings it to a notary without the necessary witnesses, the will could be contested later. Similarly, powers of attorney signed without witnesses may be rejected by banks or government agencies. To avoid this, always confirm the number of witnesses required and make sure they are present at your appointment. Witnesses should also bring a valid form of identification, as some documents require them to be verified as well.

Mistake 3: Not Bringing Proper Identification

Failing to bring valid identification is one of the easiest mistakes to avoid but one of the most common. A notary public in Ontario must verify the identity of the person signing the document to prevent fraud and ensure the notarization is legally recognized. Without proper identification, notarization cannot proceed.

Acceptable forms of ID typically include:

• Passports,

• Driver’s licenses

The ID must be current and government-issued, containing both a photograph and a signature. Not having the correct ID may result in a wasted trip, as the notary will be unable to proceed.

Consider a client who comes to notarize a travel consent letter for their child but brings only a student card. This card may not meet the legal requirements, and the document cannot be notarized until proper ID is provided. The simplest solution is to check with the notary office beforehand and ensure you bring the necessary government-issued ID. This small step can save a lot of time and frustration.

Mistake 4: Not Proofreading the Document

Another significant mistake is not proofreading the document carefully before the appointment. While a notary public can verify signatures and witness the signing, they are not responsible for the content of the document. This means they will not catch errors like misspelled names, incorrect addresses, wrong dates of birth, or inaccurate passport numbers.

Even minor mistakes can create major problems. For example, a power of attorney with a misspelled name may be rejected by banks or legal authorities. An incorrect date of birth on a notarized affidavit could render the document unusable in legal proceedings. Similarly, small errors in travel consent letters can lead to delays at airports or border crossings.

To prevent this, carefully review your document before the appointment. Double-check names, addresses, passport numbers, dates of birth, and any other details that are relevant. Taking a few extra minutes to proofread can prevent delays, additional costs, and potential legal complications.

Mistake 5: Not Understanding the Document

Perhaps the most critical mistake is not fully understanding the document you are signing. Notaries in Ontario are required to ensure that the person signing a document is doing so voluntarily and knowingly. Signing a document without understanding it can have serious consequences.

This mistake is particularly common with complex legal documents like powers of attorney and wills. A client may sign a power of attorney without realizing the extent of the authority being granted. Similarly, signing an affidavit without knowing the implications of the statements made can result in legal liability.

Understanding your document is essential not only for compliance but also for protecting your own rights and interests. If you have any doubts about the content, discuss it with the notary or seek legal advice before signing. The notary can explain the formalities of notarization but cannot provide legal advice regarding the content itself. Being informed ensures that your documents serve their intended purpose and are recognized legally.

Bonus Mistake: Not Booking the Appointment in Advance

While less obvious, not booking your appointment in advance is a mistake that can waste time. Many notary offices in Ontario, including those in Brampton, Toronto, and the Greater Toronto Area, operate by appointment. Walk-ins may be accepted, but for complex notarizations or multiple documents, it is best to schedule in advance.

Booking ahead ensures that the notary has time to review your documents, verify identification, and coordinate witnesses if necessary. This is particularly important for busy periods or when multiple parties are involved in the notarization.

How to Avoid These Mistakes

To avoid these common errors, preparation is key. Always ensure you:

• Arrive with the original document and all required copies.

• Bring all required witnesses.

• Have valid government-issued identification ready.

• Proofread your document thoroughly for accuracy.

• Understand the document fully before signing.

• Book your appointment in advance to guarantee a smooth process.

Being prepared not only makes your visit efficient but also ensures that your documents are notarized correctly the first time. Mistakes can cause delays, additional costs, and even legal complications, so it is always better to double-check before you arrive.

Conclusion

Visiting a notary public in Ontario is a straightforward process if you are well-prepared. By avoiding these common mistakes—signing documents too early, forgetting witnesses, not bringing proper ID, failing to proofread, and not understanding the document—you can ensure a smooth and successful notarization.

Whether you are drafting a power of attorney, will, affidavit, or travel consent letter, following these tips will save you time, money, and unnecessary stress. If you are in Brampton, Toronto, or elsewhere in Ontario, working with an experienced notary public can guide you through the process and ensure that your documents meet all legal requirements.

Proper preparation is key to a smooth notarization experience, so take the time to review, organize, and understand your documents before your appointment. This ensures your documents are valid, legally recognized, and ready for their intended use.