CT Notary Special Circumstances in Notarization 2 — Questions and Answers
Question 1: A signer who cannot write due to a physical disability wishes to sign a document. How may this signer execute the document before a Connecticut notary?
- By making a mark, such as an X, in the notary's presence (Correct answer)
- By having the notary sign the document on the signer's behalf without witnesses
- By verbal consent alone with no mark or signature
- The document cannot be notarized under any circumstances
Correct answer: By making a mark, such as an X, in the notary's presence
A signer unable to write may sign by mark, which the notary may notarize when it is made in the notary's presence.
Question 2: When a signer executes a document by making a mark, what is a recommended best practice for the notary?
- Have disinterested witnesses observe the mark and note the circumstances in the journal (Correct answer)
- Refuse the notarization and send the signer to an attorney
- Sign the signer's full name next to the mark without noting anything
- Notarize only if the signer's spouse approves
Correct answer: Have disinterested witnesses observe the mark and note the circumstances in the journal
Witnesses to the mark and a journal entry describing the circumstances protect against later challenges to the signature.
Question 3: A blind signer presents a deed for acknowledgment. What should the Connecticut notary do before proceeding?
- Ensure the document is read aloud or otherwise made known to the signer so the signer understands what is being signed (Correct answer)
- Refuse because blind persons cannot legally sign documents
- Notarize immediately since the signer's disability is irrelevant
- Require a court order authorizing the notarization
Correct answer: Ensure the document is read aloud or otherwise made known to the signer so the signer understands what is being signed
The notary should confirm the blind signer knows the document's contents, typically by having it read aloud, before notarizing.
Question 4: A signer speaks only Spanish and the notary speaks only English. What is the proper course of action?
- Decline or refer the signer to a notary who can communicate directly with the signer (Correct answer)
- Proceed using hand gestures to confirm willingness
- Have the signer's minor child translate the entire transaction
- Notarize anyway because language is not the notary's concern
Correct answer: Decline or refer the signer to a notary who can communicate directly with the signer
A notary must be able to communicate directly with the signer to verify identity and willingness, so the signer should be referred to a notary who shares a common language.
Question 5: Why is relying on a third-party interpreter risky when a notary and signer cannot communicate directly?
- The interpreter could misrepresent the signer's statements or the document's contents without the notary knowing (Correct answer)
- Interpreters are prohibited from entering notary offices
- Interpretation automatically voids the document
- Interpreters must always be attorneys
Correct answer: The interpreter could misrepresent the signer's statements or the document's contents without the notary knowing
The notary cannot verify the accuracy of translation, so willingness and awareness could be misrepresented.
Question 6: A hospital patient heavily sedated with pain medication asks for a power of attorney to be notarized. The notary should:
- Decline if the patient cannot demonstrate awareness of the transaction (Correct answer)
- Proceed because hospital staff requested it
- Notarize quickly before the medication wears off
- Have the doctor sign in the patient's place
Correct answer: Decline if the patient cannot demonstrate awareness of the transaction
A notary should refuse when the signer appears to lack awareness or understanding of the transaction at the time of signing.
Question 7: Which situation is a legitimate special-circumstance notarization a Connecticut notary may generally perform?
- Notarizing for an elderly signer at a nursing home who is alert, willing, and properly identified (Correct answer)
- Notarizing a document for a signer who is not present but sent a video message
- Certifying a copy of a birth certificate held by vital records
- Notarizing the notary's own signature on a personal affidavit
Correct answer: Notarizing for an elderly signer at a nursing home who is alert, willing, and properly identified
Off-site signings such as at nursing homes are permitted when the signer is present, competent, willing, and identified.
CT Notary Special Circumstances in Notarization 2
A signer who cannot write due to a physical disability wishes to sign a document.
How may this signer execute the document before a Connecticut notary?