How to Evaluate if the Signer of the Notary Documents is Genuine?

While notarization grants a legal sanction to any documents, there’s a plethora of situations where a notarization is performed as an act of duress on the signer. One of the key responsibilities of a notary public is to determine if the process is done under coercion. It certainly involves making a critical assessment whether it is reasonable to believe that the signer is signing the notary documents out of free will.

So, what can be done?

The Responsibilities of a Notary Public

Before you make the signer sign the notary documents, make sure he or she is familiar with whatever written there. Verify if they were aware about the document content and can comprehend what their signing actually means. If the signer sounds pretty confident about the notary document, be assured that he or she is a genuine signer and are not doing so under any duress.

Many notaries say they get a gut feeling when something is off in their signing. Usually people can tell when something is not right, and if you are not comfortable in a signing, you may always decline to proceed with notarization. However, in most cases, signer does leave some telling signs of coercion, which is like someone else answering all of the questions, instead of the signer himself, signer asking a number of weird questions, and so on. Sometimes, the signer is confused. This is more of a surefire sign that the signer of the notary documents is under duress. What a responsible notary public does, ask him to contact a lawyer, the agency who issued the paperwork, or whoever will be receiving the paperwork.

Assess if the Signer is in Sound & Health

It’s obvious that the signer who will be signing the document has a sound mind and aware of what they are signing. This is especially important when notarizing a document for an elderly individual. But, the things do not go this easy most of the times. Sometimes, elderly parents are out of their mind. Usually, a family member needs to be present whenever the signer needs to sign the notary documents.

So, what you must check out?

Check if they are not answering the questions for the signer. Is the signer making eye contact with you? Are they acknowledging the questions and answering? If you are concerned they are not, you can ask the family members to leave to allow the signer to speak freely. Ask the signer directly if they are aware of what the document contains and if they are signing it willingly. In case the process is occurring at a nursing home or a facility, it’s better to rope in a hospital staff to serve as a witness. In case of any dispute with the notary documents, in the future, the separate witness will serve you well.

When the Signer is Unwilling

If you believe the signer is unwilling to sign, it’s clear that everything is happening under coercion. A notary, at that moment, has all the rights to refuse the notarization. Do not make accusations in such cases—confrontation can usually lead to sticky situations. The best way is to clearly communicate that you are not capable of doing the process. Remember, notary documents are one of the most crucial items of your life and you need to go sensibly about it.

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