What must a notary do if they suspect a signer is not of sound mind?

What must a notary do if they suspect a signer is not of sound mind?

• A. Complete the notarization but note the concern.
• B. Proceed with the notarization if they have a witness.
• C. Refuse the notarization.
• D. Call a mental health professional.

Answer: (C)

When a notary suspects that a signer is not of sound mind, it is essential for the notary to refuse the notarization. This is crucial because a fundamental requirement for a valid notarization is that the signer must be competent and understand the nature of the transaction they are entering into. If the notary has reasons to believe that the signer lacks the capacity to comprehend the implications of their actions, proceeding with the notarization could expose the notary to potential legal liabilities and undermine the integrity of the notarization process. Refusing to notarize in such situations protects both the notary and the signer. It ensures that only those who are capable of making informed decisions can engage in the signing process, thereby safeguarding the authentication of documents and preventing possible fraud or coercion.

When a notary suspects that a signer is not of sound mind, it is essential for the notary to refuse the notarization. This is crucial because a fundamental requirement for a valid notarization is that the signer must be competent and understand the nature of the transaction they are entering into. If the notary has reasons to believe that the signer lacks the capacity to comprehend the implications of their actions, proceeding with the notarization could expose the notary to potential legal liabilities and undermine the integrity of the notarization process.

Refusing to notarize in such situations protects both the notary and the signer. It ensures that only those who are capable of making informed decisions can engage in the signing process, thereby safeguarding the authentication of documents and preventing possible fraud or coercion.