If a signer appears intoxicated, what should the notary do?

If a signer appears intoxicated, what should the notary do?

• A. Proceed with the notarization quickly.
• B. Ask the signer to clarify their state of mind.
• C. Decline to notarize the document.
• D. Inform the signer that they need to sober up first.

Answer: (C)

When a signer appears intoxicated, the notary must prioritize the integrity of the notarization process. Choosing to decline to notarize the document is appropriate because a notary has a responsibility to ensure that the signer is capable of understanding the transaction and is signing voluntarily and without coercion. Intoxication may impair a person's judgment and comprehension, thus jeopardizing the validity of the notarization. In addition, notarizations require the notary to confirm the identity of the signer and their willingness to sign, which cannot be guaranteed if the individual is not in a clear state of mind. Notarizing a document when there is doubt about the signer’s competency can lead to legal complications and challenges to the notarization's validity in the future. The other responses suggest actions that could place the notary's duties and ethical standards at risk. Proceeding quickly undermines the careful assessment required, asking the signer to clarify their state of mind shifts the burden onto them in a state where they may be incapable of providing a reliable answer, and telling the signer to sober up doesn’t address the immediate concerns of competence and legality in notarizing a document. Thus, the most prudent and responsible action is to decline to notarize the document in such circumstances.

When a signer appears intoxicated, the notary must prioritize the integrity of the notarization process. Choosing to decline to notarize the document is appropriate because a notary has a responsibility to ensure that the signer is capable of understanding the transaction and is signing voluntarily and without coercion. Intoxication may impair a person's judgment and comprehension, thus jeopardizing the validity of the notarization.

In addition, notarizations require the notary to confirm the identity of the signer and their willingness to sign, which cannot be guaranteed if the individual is not in a clear state of mind. Notarizing a document when there is doubt about the signer’s competency can lead to legal complications and challenges to the notarization's validity in the future.

The other responses suggest actions that could place the notary's duties and ethical standards at risk. Proceeding quickly undermines the careful assessment required, asking the signer to clarify their state of mind shifts the burden onto them in a state where they may be incapable of providing a reliable answer, and telling the signer to sober up doesn’t address the immediate concerns of competence and legality in notarizing a document. Thus, the most prudent and responsible action is to decline to notarize the document in such circumstances.