In Illinois, why can a notary refuse to perform a notarial act?

In Illinois, a notary can refuse to perform a notarial act for any reason they choose, as long as their decision does not violate specific laws or ethical standards. This means that a notary has a degree of discretion when it comes to accepting requests for notarization.

In practice, this can include concerns about the validity or reliability of the document being presented, doubts regarding the signer's identity or capacity, or any personal hesitation the notary might feel about proceeding with the act. This principle is grounded in the idea that notaries should maintain the integrity of the notarial process and ensure that the acts they perform are legally sound and ethically responsible.

While there are specific conditions under which a notary must fulfill their duties, such as the requirement for proper identification, the notary's ability to refuse is not limited to those situations alone. This flexibility allows notaries to exercise judgment and protects them from potential liability if they suspect that proceeding with a notarization might lead to a fraudulent or problematic situation.