“Can you just witness this?” is one of the most common questions at a notary counter, and the honest answer is: that depends on what you mean, because a notary being a witness and a notary performing signature witnessing are two different things.
Two different jobs
Pennsylvania recognises witnessing or attestation of signatures as a notarial act in its own right. The notary observes you sign and certifies that they did so, completing a certificate and applying the official stamp.
That is not the same as being one of the two ordinary witnesses a document may require. Those witnesses are lay people. They hold no commission, complete no certificate, and simply sign to record that they saw what happened.
| Notarial signature witnessing | A lay witness | |
|---|---|---|
| Who performs it | A commissioned notary | Any qualifying adult |
| What they produce | A notarial certificate and stamp | A signature on the document |
| Fee | Capped at $5.00 | None |
| Purpose | Official verification of identity and signing | Corroboration of what occurred |
| Can one person do both? | Not on every document — see below | — |
Where a notary is specifically barred
This is the part that surprises people, and it applies to exactly the documents where witnesses matter most.
On a Pennsylvania power of attorney, the document requires two witnesses and notarization — and the notary may not be one of the witnesses. Neither may the agent, nor anyone who signed on the principal’s behalf. That means four people minimum, as set out in getting a power of attorney notarized.
On an advance directive, the disqualification list is longer still — the health care agent, relatives by blood, marriage or adoption, heirs, anyone benefiting financially, and the attending physician or facility staff are all excluded. The detail is in living wills and advance directives.
The pattern is consistent once you see it. The people most likely to be standing in the room — the relative who drove you, the child you are appointing, the nurse on the ward — are frequently the ones the rules exclude. That is not an oversight; it is the entire point of requiring independent witnesses.
Documents that need both
| Document | Notarization | Separate witnesses |
|---|---|---|
| Power of attorney | Required | Two, with disqualifications |
| Advance directive / living will | Not required for validity | Two, with disqualifications |
| Self-proving affidavit on a will | Required | Two, who swear before the notary |
| Deed | Required — grantor acknowledged | Not generally |
| Affidavit or sworn statement | Required | Not generally |
| Vehicle title assignment | Required | Not generally |
| Travel consent letter for a child | Not required, but advisable | Not generally |
The will case is the interesting one. On a self-proving affidavit, the two witnesses do not merely sign — they swear before the notary as to what they observed. So they are both witnesses to the will and signers before the notary, which is why that appointment needs everyone in the room at once.
Do not assume the office can supply witnesses
This is the practical heart of it. People routinely arrive expecting the notary’s colleagues to step in, and it frequently cannot happen.
A small office may have no spare adult. Staff may be disqualified in the particular case. And no notary is under any obligation to provide witnesses at all — it is not part of the service, and it is not part of the capped fee.
Bringing your own two people is the single most reliable way to avoid a wasted trip. It costs nothing and removes the entire problem.
Choosing witnesses well
Even where Pennsylvania sets no specific disqualification, some choices are better than others.
- An adult with no interest in the document. Not a beneficiary, not an agent, not someone who gains.
- Someone reachable later. A witness who may be asked about the signing in ten years is more useful than one who has emigrated.
- Someone who was genuinely present. Signing afterwards, as a favour, defeats the purpose entirely.
- Someone with identification. Not always required, but frequently recorded, and always sensible.
- Not the notary, on anything where the rules bar it.
What a witness is actually for
It helps to understand why documents ask for witnesses at all, because the answer explains every disqualification rule.
A notary establishes identity. Witnesses establish circumstances — that the signer appeared to understand what they were doing, that nobody was standing over them, that the signing happened as described. Those are questions a notary cannot answer alone, because a notary sees one moment and knows nothing of the family around it.
That is why independence is the whole requirement. A witness with an interest in the outcome cannot credibly say the signer was free from pressure, since they are one of the possible sources of it. Which is also why the rules exclude precisely the people most likely to volunteer.
Before you set out
Look at the document itself. Signature blocks are the giveaway: if there are lines marked “Witness” as well as a notarial certificate block, you need people and a notary.
Then count who has to be there — the signer, any co-signers, the witnesses, and anyone signing in a representative capacity. Call ahead if the answer is more than two, so the time is set aside. The general checklist is in what to bring to a notary appointment.
We handle documents needing witnesses regularly at our Bethlehem notary office, and will tell you on the phone exactly who needs to come. The notarial act itself is defined in 4 Pa. Code § 167.64, Witnessing or attestation of signatures.
Frequently asked questions
Can my notary act as a witness?
Sometimes, and not on the documents where it matters most. Pennsylvania specifically bars the notary from witnessing a power of attorney, and the disqualification list for an advance directive excludes most people likely to be present. Ask before assuming.
What is signature witnessing then?
It is a distinct notarial act, in which the notary observes you sign and certifies that they did. It is not the same as being one of the lay witnesses a document itself requires — the two serve different purposes and both can be needed on one document.
Who can be a lay witness?
Generally any adult with no interest in the document. They need their own identification, they must actually watch the signing rather than sign afterwards, and for certain documents Pennsylvania sets specific disqualifications.
Which documents need two witnesses in Pennsylvania?
A power of attorney requires two witnesses plus notarization. An advance directive requires two witnesses, though notarization is not required for validity. A self-proving affidavit on a will involves two witnesses swearing before a notary.
Does a notary provide witnesses?
Do not count on it. Some offices can occasionally find a spare adult; many cannot, and no notary is obliged to. Bring your own — it is the single most reliable way to avoid a wasted appointment.
Can the same two people witness and be notarized?
On a self-proving affidavit, the witnesses themselves swear before the notary — so they are both witnesses to the will and signers before the notary. On a power of attorney they simply witness, and only the principal is acknowledged.
Does your document need witnesses?
Call and read us the signature blocks. We will tell you how many people to bring — before anyone makes the trip. Hablamos Español.