California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is asked to notarize a document by a person who appears to be under the influence of alcohol, exhibiting slurred speech and difficulty maintaining focus. The individual insists they understand the document and are willing to sign. What is the Notary's primary concern and appropriate action?
- ANotarize the document, as long as they verbally state they understand it and have valid ID.
- BNotarize the document, but make a detailed note in the journal about the signer's condition.
- CDecline to notarize, as the signer does not appear to be aware of the contents of the document or the act of signing.
- DRequest that the individual return later when they are sober, then notarize the document.
Show answer & explanationAnswer & explanation
Correct answer: C. Decline to notarize, as the signer does not appear to be aware of the contents of the document or the act of signing.
A Notary Public must ensure that a signer is aware of the contents of the document and is signing voluntarily. A person who appears to be under the influence of alcohol may lack the mental capacity to understand the document or the implications of signing it, making notarization inappropriate.
Why the other options are wrong
- A. Verbal assent is insufficient if there are clear signs of diminished capacity.
- B. Journaling the condition does not legalize a notarization performed when the signer lacks awareness.
- D. While returning later is a practical suggestion, the immediate action is to decline the current request.
Awareness and Willingness of Signer
A Notary Public must ensure that the signer is aware of the contents of the document and is signing it willingly and voluntarily, without coercion or duress.
- Implies the signer must be mentally competent at the time of signing.
- Notary must observe for signs of intoxication, mental impairment, or coercion.
- If awareness or willingness is in doubt, notarization must be refused.
Memory trick: Mind clear and free, for all to see, then notarize for thee.