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?

Correct answer

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

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

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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