California Notary Public ExamNotary Public Duties and AuthorityHard
A Notary Public is asked to notarize a document for an individual who communicates primarily through American Sign Language (ASL). The Notary does not know ASL and the signer has brought their own interpreter, who is a family member. What is the Notary's most appropriate action?
- APerform the notarization, but make a detailed note in the journal about the use of a family member as an interpreter.
- BRequire the signer to obtain a disinterested, qualified interpreter before proceeding with the notarization.
- CProceed with the notarization, relying on the family member to interpret for the signer.
- DRefuse the notarization, as the Notary cannot directly communicate with the signer.
Show answer & explanationAnswer & explanation
Correct answer: B. Require the signer to obtain a disinterested, qualified interpreter before proceeding with the notarization.
To ensure the signer understands the document and is signing willingly, the Notary must be able to communicate effectively. If an interpreter is needed, they must be disinterested and qualified to maintain impartiality and prevent undue influence, which a family member might not be.
Why the other options are wrong
- A. A journal note does not mitigate the risk of bias or undue influence posed by a family member interpreter; the notarization would still be questionable.
- C. Using a family member as an interpreter can introduce bias or undue influence, compromising the Notary's duty to ensure the signer's awareness and willingness.
- D. Refusal is not necessary if a proper interpreter can be obtained; the Notary should facilitate proper communication.
Disinterested Interpreter
When a Notary cannot directly communicate with a signer, a disinterested and qualified interpreter must be used to ensure the signer's understanding and willingness, maintaining the Notary's impartiality.
- Notary must ensure effective communication with signer.
- Interpreter must be disinterested (not a party, not benefiting).
- Interpreter must be qualified to translate accurately.
- Family members are generally not considered disinterested.
Memory trick: For a clear signer's plight, an impartial voice makes it right.