If there is a question of the signer's mental capacity, what should you do?

• A. Proceed with the notarization
• B. Decline the notarization
• C. Obtain a physician's note
• D. Have a witness present

Answer: (B)

If there is a question about the signer's mental capacity, you should not proceed with the notarization. A notary must verify that the signer understands the document and is signing freely and competently. When capacity is in doubt, completing the act could render the notarization invalid and expose you to liability. The appropriate action is to decline the notarization and explain that you cannot proceed until capacity is established. You can offer to reschedule if capacity is confirmed (for example, after a medical evaluation or when a guardian or durable power of attorney is in place). A physician’s note is not a standard requirement to proceed, and simply having a witness present does not cure the issue. If you must, document the refusal and the reason in your records.