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Notary · Prohibited Acts and Conflicts of Interest

What should a notary do if a signer appears confused, coerced, or unable to understand the document they are signing?

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Correct answer

Decline to notarize, because the signer must appear to understand the act and be signing willingly and competently

  1. A Call the police immediately in all cases
  2. B Sign it for them
  3. C Decline to notarize, because the signer must appear to understand the act and be signing willingly and competently
  4. D Notarize it quickly

Why this is the answer

A notary must be reasonably satisfied that the signer is acting willingly and appears to understand what they are signing. If the signer seems confused, appears not to comprehend the document, or shows signs of being coerced or under duress, the notary should decline to perform the notarization. The notary is not judging the document's legal merits or the signer's mental capacity in a clinical sense, but must refuse when willingness or basic awareness is clearly in doubt. Proceeding anyway could facilitate fraud or the exploitation of a vulnerable person. Declining protects the signer and the notary alike.
Source: NNA Prohibited Acts, Willingness and Awareness

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About this topic: Prohibited Acts and Conflicts of Interest

Prohibited acts and conflicts of interest cover notarising for family, documents in which the notary has a financial interest, giving legal advice, unauthorised practice of law, and notarising a document the signer has not signed in front of you. This is one of 12 Notary questions on prohibited acts and conflicts of interest, each with a full explanation on a single study page.

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