CT Notary Special Circumstances in Notarization 3 — Questions and Answers
Question 1: A signer with no acceptable ID brings a longtime neighbor who knows both the signer and is known to the notary. This method of identification is called:
- Identification by credible witness (Correct answer)
- Constructive identification
- Presumptive identity
- Surety verification
Correct answer: Identification by credible witness
A credible witness personally known to the notary who knows the signer can vouch for the signer's identity.
Question 2: Before accepting a credible witness to identify a signer, the notary should confirm the witness:
- Has no financial interest in the transaction and personally knows the signer (Correct answer)
- Is a blood relative of the signer
- Has held a Connecticut driver's license for ten years
- Is an employee of the notary
Correct answer: Has no financial interest in the transaction and personally knows the signer
A credible witness must be disinterested in the transaction and have personal knowledge of the signer's identity.
Question 3: An inmate at a correctional facility needs an affidavit notarized but his ID was confiscated at intake. What is a commonly accepted approach?
- Identify the inmate through a credible witness, such as a corrections official who can verify identity (Correct answer)
- Refuse because incarcerated persons may never have documents notarized
- Accept the inmate's word alone as satisfactory evidence
- Have another inmate sign the affidavit instead
Correct answer: Identify the inmate through a credible witness, such as a corrections official who can verify identity
When a signer lacks ID, a credible witness such as a facility official may establish identity so the notarization can proceed.
Question 4: A daughter presents her elderly mother's signed deed and says her mother is too ill to appear. The mother is not present. The notary should:
- Refuse, because the signer must personally appear before the notary (Correct answer)
- Notarize based on the daughter's sworn statement
- Notarize if the daughter shows the mother's ID
- Call the mother by phone to confirm and then notarize
Correct answer: Refuse, because the signer must personally appear before the notary
Personal appearance of the signer is required and cannot be delegated to a relative or satisfied by a phone call for a standard notarization.
Question 5: An attorney-in-fact signs a document under a power of attorney as "John Smith by Mary Smith, attorney-in-fact." Whose identity must the notary verify?
- Mary Smith, the person actually appearing and signing (Correct answer)
- John Smith, the principal, who need not appear
- Both must appear together in person
- Neither, since the power of attorney replaces identification
Correct answer: Mary Smith, the person actually appearing and signing
The notary identifies and notarizes for the person physically appearing and signing, which is the attorney-in-fact.
Question 6: A signer appears willing, but her son answers every question for her and she seems confused about the document. The best action for the notary is to:
- Speak with the signer alone and decline if she cannot demonstrate willingness and awareness herself (Correct answer)
- Proceed since the son clearly understands the document
- Notarize but note the son's involvement in the certificate wording
- Ask the son to sign on his mother's behalf
Correct answer: Speak with the signer alone and decline if she cannot demonstrate willingness and awareness herself
Signs of confusion or possible coercion require the notary to assess the signer directly and refuse if willingness or awareness is lacking.
Question 7: Which red flag most strongly suggests possible undue influence or coercion in a special-circumstance signing?
- A beneficiary of the document controls the conversation and the signer avoids eye contact or defers on every answer (Correct answer)
- The signing takes place at the signer's home instead of an office
- The signer asks the notary how much the fee is
- The document is more than ten pages long
Correct answer: A beneficiary of the document controls the conversation and the signer avoids eye contact or defers on every answer
An interested party dominating the transaction while the signer appears passive or fearful is a classic coercion warning sign.
CT Notary Special Circumstances in Notarization 3
A signer with no acceptable ID brings a longtime neighbor who knows both the signer and is known to the notary.
This method of identification is called: