What is required if the signer's competency is in doubt due to age or other factors?

In situations where the signer's competency raises concerns—whether due to age, mental state, or other factors—refusing to notarize and documenting the reasons is the appropriate action to take. This course of action protects the notary and ensures that the notarization adheres to legal and ethical standards.

Notarizing a document for someone who may not fully understand the implications or essence of what they are signing can lead to potential disputes over the validity of the document. By choosing to refuse the notarization, the notary is safeguarding against executing a notarization that could be challenged later due to questions about the signer's ability to comprehend the transaction.

Documenting the reasons for this refusal is equally important. This creates a record that can be referenced later if any legal challenge arises, thereby demonstrating the notary's diligence and adherence to their responsibility to ensure that all parties are competent to understand the transaction at hand.

While consulting an attorney may seem prudent, it is not typically necessary for a notary to seek legal advice on every situation of doubt, especially when there are clear procedures established for handling concerns about competency. Simply asking the signer more detailed questions, without addressing the underlying issues of competency, does not effectively safeguard the validity of the notarization. Thus,