Illinois Notary Primer Practice Exam

Which action is appropriate if a notary is unsure about a signer's mental competence?

1. Go ahead and notarize it

2. Check with a supervisor

3. Refuse to notarize

4. Ask the signer directly for confirmation

The correct answer is: Refuse to notarize

When a notary is unsure about a signer's mental competence, the appropriate action is to refuse to notarize. Notaries are responsible for ensuring that the signer is capable of understanding the document they are signing and the implications of their signature. If there are any doubts regarding the signer's mental competence, proceeding with the notarization could lead to legal issues, including claims of fraud or undue influence. Notaries act as impartial witnesses, and part of their role is to assess whether the signer appears to understand the transaction correctly. If there is any uncertainty, it is best to decline to perform the notarization until there is clear evidence of the signer's mental competence. This protects the notary from potential liability and ensures the integrity of the notarization process. While checking with a supervisor or asking the signer directly may seem like reasonable options, they do not adequately address the critical responsibility a notary has in confirming the mental competence of the individual signing the document. In situations where there is doubt, erring on the side of caution by refusing to notarize is the safest and most appropriate course of action.