Witness Services
Will & Power of Attorney Bundle
Affirmation vs. Oath
1
Oath
A solemn promise invoking a higher power (e.g., God). Used by individuals with religious beliefs. Includes references to a deity. Legally binding.
2
Affirmation
A non-religious solemn declaration. Used by individuals with no religious beliefs or preferences. Secular. Legally binding.
Essentials for Notaries When Administering Either
1.
Verify Identity
Confirm identity using valid photo ID (passport, driver's licence, etc.).
2.
Ensure Voluntariness
Make sure the individual is not under duress and is signing willingly.
3.
Ask Their Preference
Ask: "Do you wish to swear an oath or affirm the truth of your statement?"
4.
Administer Proper Statement
Use the appropriate wording for the chosen option.
5.
Sign and Date
Have the declarant sign the affidavit in your presence; you sign and stamp.