In which circumstance must a notary ensure that a signature in a document is made in their presence?

The requirement for a notary to ensure that a signature is made in their presence is fundamentally tied to the integrity and authenticity of the notarization process. In the context of documents with important legal implications, it is crucial for the notary to witness the signing to confirm that the signer is willingly and knowingly signing the document. This step helps to prevent fraud and misunderstandings, ensuring that the signer is indeed the person they claim to be and that they are executing the document voluntarily.

In situations involving significant legal consequences—such as contracts, powers of attorney, or property deeds—the presence of the notary at the time of signing provides an additional layer of verification. This is designed to protect all parties involved by ensuring that the document is executed properly and that the intentions of the signer are clear and well-documented at the moment of signing.

While familiarity with the signer or concerns about their intentions may be relevant in practice, they do not carry the same legal weight or necessity for witnessing a signature as the implications of the document itself. Therefore, the requirement to observe the signing in these critical situations underscores the notary's role in safeguarding the authenticity of the notarized document.