Advise the client on document type only, but not actually draft the document.
Draft the document, since notaries are authorized to prepare common legal documents.
Decline both tasks and refer the client to an attorney. Preparing, drafting, selecting, or giving advice about legal documents constitutes the unauthorized practice of law.
Complete the tasks if the client signs a written waiver acknowledging the notary is not an attorney.
Official source: 2026 California Notary Public Handbook (2026)
Reference: Misconduct/Fees
Source checked September 7, 2026
Correct Answer
C. Decline both tasks and refer the client to an attorney. Preparing, drafting, selecting, or giving advice about legal documents constitutes the unauthorized practice of law.
Detailed Explanation
Practicing law is prohibited for California notaries. The California Notary Public Handbook states that notaries are prohibited from performing any duties construed as the practice of law, including: preparation, drafting, or selection of any legal document, or giving advice about legal documents or matters. When asked to perform such tasks, the notary must decline and refer the requester to an attorney.
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