Notary · General

A signer appears before the notary and seems confused, unsure why they're signing, and looks frightened. What should the notary do?

Correct answer

Refuse to complete the notarization — a notary must be satisfied that the signer is signing voluntarily and with awareness; apparent coercion, confusion, or incapacity requires stopping the process

  1. A Complete the notarization quickly to relieve the signer's anxiety
  2. B Refuse to complete the notarization — a notary must be satisfied that the signer is signing voluntarily and with awareness; apparent coercion, confusion, or incapacity requires stopping the process
  3. C Ask the person who brought the signer to explain
  4. D Notarize but note the unusual behavior in the journal

Why this is the answer

VOLUNTARY AND WILLING SIGNING is a fundamental notarial requirement. The notary must be satisfied that the signer: appears before them freely (not coerced or forced); understands what they are signing (appears mentally competent at the time of signing); is acting on their own volition. If the notary observes signs that suggest: coercion (fearful, pressured by another person present); mental incapacity (significant confusion, inability to communicate, doesn't know their own name); intoxication — the notary should STOP the process. The person who brought them (an agent, family member, etc.) has no right to override this determination. The notary is the last safeguard against document fraud and elder financial abuse. Completing a notarization under these circumstances exposes the notary to significant liability.
Source: Notary Exam, Signer Capacity and Willingness

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