When performing notarial acts, what discretion must notaries exercise?

Notaries are responsible for assessing the signer's competency as part of their duties during notarial acts. This involves ensuring that the individual signing the document is doing so willingly, understands the contents, and is of sound mind. This assessment is crucial because it helps to prevent fraud and protects the integrity of the notarial process. If a signer is not competent, the notary must not proceed with the notarization, as doing so could invalidate the document and expose the notary to legal complications.

The other options do not align with the primary responsibilities of a notary. Notaries do not determine the legality of documents or control their contents; their role is to acknowledge signatures and verify the identity and willingness of the signer. Additionally, overseeing the drafting of legal documents is outside their scope of practice, as notaries are not authorized to provide legal advice or prepare legal documents. Therefore, the focus on the signer's competency ensures that the notarial act is performed correctly and ethically.