The Golden Rule of Witnessing: Stay Disinterested
My mentees often ask me a question. They often ask: “Can the signer’s daughter witness this Power of Attorney?”
My answer is almost always: Find someone else. Here’s why impartiality is the foundation of our work.
Defining “Disinterested”
A disinterested witness is someone who has no stake in the document. No money, no property, no power.
- The Risk: If a daughter witnesses her father’s Will, other siblings claim “undue influence” in court. The document is tossed, and your notarization is questioned.
- The Notary as Witness: Can you be the witness? In some states, yes. But in 2026, with legal scrutiny at an all-time high, I suggest my students avoid it unless absolutely necessary. It’s cleaner to be the “Impartial Officer” and nothing else.
Mentor Tip: The “Neighbor” Strategy
When a client tells you they don’t have witnesses, don’t let them grab the nearest relative. Suggest they ask a neighbor, a building manager, or a co-worker. It adds a layer of protection that a “beneficiary” can’t give.
Who do you think will serve as a reliable witness for your client, and why?
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