247SimpleTests
Notary · Types of Notarial Acts

A notary is approached to notarise a document for a signer who appears mentally confused and may not understand what they are signing. What should the notary do?

Reviewed by Jordan Morley, Editorial Lead at 247SimpleTests. Written by the 247SimpleTests Editorial Team from the official source material cited on every question.

Correct answer

Decline the notarisation — the notary has a responsibility to assess whether the signer appears to understand what they are signing and appears to be signing voluntarily; a notary who notarises for a clearly incapacitated signer may face serious legal consequences

  1. A Only notarise if a family member is present to consent
  2. B Notarise the document to avoid conflict
  3. C Proceed — mental state is the attorney's concern, not the notary's
  4. D Decline the notarisation — the notary has a responsibility to assess whether the signer appears to understand what they are signing and appears to be signing voluntarily; a notary who notarises for a clearly incapacitated signer may face serious legal consequences

Why this is the answer

Signer competency and awareness: A notary's role includes assessing whether the signer: APPEARS TO UNDERSTAND what they are signing; APPEARS TO BE SIGNING VOLUNTARILY (not under duress or undue influence); APPEARS TO BE ACTING OF THEIR OWN FREE WILL.

Notary obligation: The notary is not required to give a legal opinion on mental competency — that requires a physician or court; BUT if the signer clearly does not appear to understand or is visibly confused, the notary should decline and suggest the person seek appropriate assistance (attorney, court-appointed guardian).

Consequences of failure: If a notary notarises for a clearly incompetent signer and a fraud occurs (unscrupulous relatives tricking an elderly person into signing property over), the notary faces civil and potentially criminal liability.

Practical guidance: Ask the signer basic awareness questions ('What document is this?', 'What is today's date?', 'Who asked you to sign this?'); if answers raise serious concerns, decline; document your concerns in your journal.

Source: NNA Notary Training — Signer Competency Assessment

Practice more questions

This question is from our Notary Public Practice Tests practice test. Take the full practice test to test your knowledge across all Types of Notarial Acts and other topics.

Take the Notary practice test →

About this topic: Types of Notarial Acts

Types of notarial acts questions cover acknowledgments, jurats, oaths and affirmations, copy certifications and signature witnessing — what each certifies, the wording required and which act fits which document. This is one of 17 Notary questions on types of notarial acts, each with a full explanation on a single study page.

New to this exam? Our Notary exam guide explains the format, scoring, and how to prepare.

Related questions

Types of Notarial Acts

What is the primary purpose of a notary public?

 Types of Notarial Acts

What is the difference between an acknowledgment and a jurat?

 Types of Notarial Acts

Can a notary notarize a document if the signer does not understand the language it is written in?

 Types of Notarial Acts

Must the signer be physically present before the notary at the time of notarization?

State-specific guides

Need information for your state? Our state guides cover local requirements, fees, and what to expect on exam day.

California Texas Florida New York Pennsylvania Illinois Ohio Georgia

Recommended study materials

Study guide

Notary Public Handbook: Principles, Practices & Cases

The most referenced practitioner guide to notarial law, acknowledgments, oaths, and recordkeeping.

Check Price → Study guide

National Notary Association: Notary Basics Study Guide

NNA's entry-level study guide covering every notarial act and the exam content tested in most states.

Check Price → Study guide

Signing Agent Certification Study Guide (NNA)

Complete prep for the NNA Certified Notary Signing Agent exam, including real estate documents.

Check Price →

As an Amazon Associate, CJ Affiliate, and AWIN publisher we earn from qualifying purchases. Links above are affiliate links. Full disclosure →