Guide 2026: Comprehensive Practice
Questions, Verified Answers, Detailed
Rationales, and In-Depth Review for Notary
Commission Success
Question 1
In Louisiana, which of the following best describes the
authority of a duly commissioned notary public regarding
authentic acts?
A. A notary may only witness signatures and administer
oaths.
B. A notary may prepare authentic acts only under the
supervision of an attorney.
C. A notary may execute authentic acts and perform
functions authorized by Louisiana law without attorney
supervision.
D. A notary may execute authentic acts only involving real
estate transfers.
Rationale: Louisiana is unique among states because it
follows a civil law tradition. Louisiana notaries possess broad
authority that extends beyond witnessing signatures. They
may prepare and execute authentic acts, affidavits,
,acknowledgments, inventories, protests, and numerous legal
instruments authorized by statute. Unlike many states,
Louisiana notaries generally do not require attorney
supervision to perform these duties. The authority is broad
but remains limited to powers specifically granted by law.
Question 2
A Louisiana notary is presented with a donation inter vivos
involving immovable property. To ensure the act qualifies as
an authentic act, which requirement must be satisfied?
A. Signature of the donor only
B. Recording in parish records before execution
C. Approval by a district court judge
D. Execution before a notary and two competent witnesses,
with all parties signing appropriately
Rationale: Under Louisiana law, many acts affecting
immovable property, including donations inter vivos, require
authentic form. An authentic act generally must be executed
before a notary public and two competent witnesses and
signed by each party, witnesses, and the notary. Failure to
meet these formalities can affect enforceability and validity of
the instrument.
Question 3
,A notary is asked to notarize a document for an individual
who presents an expired driver's license but is personally
known to the notary. What should the notary do?
A. Refuse because identification is expired.
B. Require two credible witnesses.
C. Proceed if the notary can confidently establish identity
through personal knowledge.
D. Require a valid passport regardless of personal knowledge.
Rationale: Louisiana law recognizes personal knowledge as
an acceptable method of identifying a signer. When the
notary personally knows the individual and can establish
identity with certainty, additional identification
documentation may not be necessary. However, the notary
should exercise sound judgment and ensure there is no doubt
regarding identity.
Question 4
Which of the following individuals would generally be
considered incompetent to serve as a witness to an authentic
act?
A. A neighbor over age 18
B. A disinterested coworker
C. A person who lacks legal capacity to understand the act
being executed
D. A family friend with no interest in the transaction
, Rationale: Witnesses to authentic acts must be competent.
Competency generally requires the ability to understand the
nature and significance of the act being witnessed. A witness
lacking mental capacity may compromise the validity of the
authentic act. Disinterest alone does not determine
competency; legal capacity does.
Question 5
A Louisiana notary drafts a power of attorney granting broad
authority over financial matters. Which statement is most
accurate?
A. Powers of attorney are prohibited unless prepared by
attorneys.
B. Louisiana notaries may prepare powers of attorney when
authorized by law and acting within their notarial authority.
C. Powers of attorney must be approved by the Secretary of
State.
D. Only courts may create powers of attorney.
Rationale: Louisiana notaries possess extensive drafting
authority. They may prepare powers of attorney and other
legal instruments commonly unavailable to notaries in many
states. Nevertheless, notaries must understand the legal
implications of the documents they prepare and ensure
compliance with applicable statutes.
Question 6