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SIGNER: Uncertain Awareness?

Determining Signer's Awareness?

A Notary has to screen each signer for three qualities: identity, willingness, and awareness.

A notary is required to determine whether the signer is aware of what is going on and can handle their own legal affairs. The notary must be able to communicate with the signer to make this determination. 
If a signer cannot respond coherently to a notary's questions, the notary cannot determine whether the signer knows what is going on and can handle their own legal affairs. In such cases, the notary has no choice but to refuse to notarize the document.

  • If the signer cannot make sense to the notary because they are groggy from medication weakness or some other temporary cause, the notary must postpone the notarization.
The Notary may not act based upon your assurance about a signer's intention, or upon your description of a situation's urgency. Unless a Notary clearly sees that a signer is aware of what is going on and is a willing participant, that Notary can't notarize.

NOTARY BEST PRACTICE:

It is important to remember that a disabled signer may have certain physical or intellectual limitations, but that does not mean they cannot understand what they are signing. It is essential to ensure that disabled people have the same legal rights and the same need to execute legal documents as anyone else. However, some intellectual and legal disabilities may be associated with a lack of comprehension.

  • Determining the awareness of a disabled signer is done the same way as with any signer. As we learned, the best tactic when confronted with any individual of questionable mental ability is to engage the person in a simple conversation. It then should become apparent whether the person is capable of understanding what's happening and is a willing party to the transaction.
Experts such as the signer's physician or attorney may also be consulted to determine awareness. If such an expert indicates a signer is comprehending, the Notary may be processed (The expert's remarks should be recorded in the Notary journal.) However, the Notary always has the final determination whether to proceed with a notarization. If the odds are with the Notary's personal observations and with common sense, the Notary must not proceed.

Disclosure: I am not licensed to practice law or give legal advice.
However, I can help you with a variety of notary services.


The information in this blog is not intended to be legal advice.
If you have a question about a specific notary law or regulation,
please consult an attorney in your state.

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