Notary · Identification of Signers

What should a notary do if they suspect the signer is being coerced or is not signing willingly?

  1. A Notarize anyway
  2. B Refuse the notarization, since willingness is required; ask the signer questions privately to assess; document concerns in the journal; if appropriate, report to authorities
  3. C Ask the suspected coercer
  4. D Notarize but add a note

Why this is the answer

Willingness — the signer signing freely without coercion — is a fundamental notarization requirement. Signs of possible coercion or duress: signer is hesitant, frightened, or confused; another person is answering for the signer or pressuring them; signer indicates they don't understand the document; physical signs of intimidation. Proper response: (1) Try to speak with the signer privately, away from anyone who might be exerting pressure; (2) Ask open-ended questions about the document and the signer's intent; (3) If concerns are significant, refuse the notarization; (4) Document concerns thoroughly in the journal; (5) In cases of suspected elder abuse, financial exploitation, or coercion, consider reporting to Adult Protective Services or law enforcement (some states have mandatory reporting). Mental capacity is similar: signers with severe dementia, intoxication, or impairment cannot give voluntary informed consent. Refusing in these cases is the right action — the notary's role is fraud and abuse prevention, not just paperwork completion.
Source: NNA Willingness and Capacity

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