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A
Proceed — mental state is the attorney's concern, not the notary's
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B
Notarise the document to avoid conflict
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C
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
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D
Only notarise if a family member is present to consent
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