Blogs

The Notary Notebook
Insightful tips, stories, and guidance from Aldora’s desk

Making Sense of Certificate of Life Drafting

When working as a notary, you’ll occasionally encounter unusual documents that don’t quite fit the standard mold. One of those is the Certificate of Life, often requested by foreign pension authorities to confirm that a retiree is still living and eligible to receive benefits. These forms can be bilingual, like English and French, and they can cause confusion for both clients and notaries.

Recently, I came across an article from the National Notary Association that tackled this very issue. It made me think about how important the drafting of these documents is — because whether you can notarize them in Indiana depends entirely on how the wording is structured.

✅ When You Can Notarize

In Indiana, notaries are authorized to notarize signatures, not facts. That distinction is critical.

  • If the Certificate of Life is written so that the signer makes the statement, you can notarize it.
  • Example wording:
    I, John Doe, declare that I am alive as of December 7, 2025.
  • In this case, the signer is the one making the declaration. Your role as the notary is simply to verify their identity and notarize their signature — just like you would with an affidavit or sworn statement.

This approach is fully compliant with Indiana law because you are not certifying the truth of the statement, only the authenticity of the signature.

❌ When You Cannot Notarize

Problems arise when the Certificate of Life is drafted in a way that requires the notary to certify the signer’s life status.

  • Example wording:
    The notary certifies that Jane Smith is alive.
  • This is not permitted in Indiana. Notaries cannot make factual certifications about someone’s condition or existence. Your authority is limited to notarizing signatures, not verifying whether someone is alive.

If you encounter a form like this, you cannot notarize it as written.

🛠️ Drafting Guidance

The difference comes down to who is making the statement. To make a Certificate of Life workable in Indiana:

  • Ensure the document is drafted so that the signer declares their own status.
  • Attach the proper Indiana notarial certificate (acknowledgment or jurat) if the form doesn’t already include one.
  • Let the signer decide whether they want an acknowledgment (confirming they signed willingly) or a jurat (swearing to the truth of the statement).
  • If the foreign authority insists on a version that requires the notary to certify life status, advise the signer to request a corrected form or consult the issuing agency.

📑 Why This Matters

For clients, especially retirees relying on international pensions, these documents are more than paperwork — they’re tied directly to their livelihood. A misunderstanding in drafting could delay benefits or cause unnecessary stress.

For notaries, staying compliant protects your commission and reputation. It’s tempting to want to help by signing whatever is put in front of you, but Indiana law is clear: you notarize signatures, not facts.

🎯 Key Takeaway

The Certificate of Life is a perfect example of how small wording differences can make or break a notarization.

  • Signer says “I am alive” → You can notarize.
  • Notary says “This person is alive” → You cannot notarize.

By paying close attention to how these documents are drafted, you can serve your clients effectively while staying within the bounds of Indiana law.

📝 How Certificates of Life Work in North Carolina

In North Carolina, notaries — just like in Indiana — are authorized to notarize signatures, not facts. That means:

✅ If the form is written so you (the retiree) make the statement — for example:
“I, Mary Johnson, declare that I am alive as of December 8, 2025.”
→ A notary in NC can notarize your signature.

❌ If the form is written so the notary must certify your life status — for example:
“The notary certifies that Mary Johnson is alive.”
→ A notary in NC cannot notarize this, because they are not allowed to verify or certify facts about your condition.

🌷 Simple Explanation for Retirees

Think of it this way:

  • You say it, I can notarize it.
  • If I have to say it, I cannot notarize it.

Your pension authority just needs proof that you signed the form willingly and truthfully. The notary’s job is to confirm your identity and notarize your signature — not to declare whether you’re alive.

🛠️ What We Do Together in NC

  • I’ll check your form’s wording.
  • If needed, I’ll add the proper NC notarial certificate (acknowledgment or jurat).
  • If the form is written incorrectly, I’ll guide you to request a corrected version from your pension office.

🎯 Key Takeaway

For North Carolina retirees:

  • Signer says “I am alive” → notarizable.
  • Notary says “This person is alive” → not notarizable.

This way, your benefits continue smoothly, and everything stays compliant with NC law.