What should a notary do if they suspect a signer is being coerced?

When a notary suspects that a signer is being coerced, the appropriate action is to document their observations and refuse to notarize the document. This is crucial for several reasons.

First, notarization is based on the principle that the signer is acting voluntarily and is fully aware of the implications of their actions. If coercion is present, the validity of the signer’s consent comes into question. By refusing to notarize under these circumstances, the notary protects the integrity of the notarial act and helps prevent potential fraud or legal disputes.

Second, documenting the observations provides a record of the notary's concerns, which can be important should any issues arise later. This could involve noting the circumstances that led to the suspicion of coercion or any specific statements made by the signer or other parties involved.

Taking this action aligns with the ethical responsibilities of a notary to ensure that all parties are entering into agreements willingly and without undue pressure. This helps maintain public confidence in the notarial process and upholds the legal standards expected of notaries.