Free Duties & Responsibilities of a Notary Questions and Answers 3 — Questions and Answers
Question 1: Which of the following best describes a notary's duty regarding the mental competency of the signer?
- Notaries are never responsible for assessing signer competency
- The notary must verify that the signer appears alert and aware, declining if they appear incapacitated (Correct answer)
- The notary should proceed as long as the signer can physically sign
- Mental competency checks are only required for power-of-attorney documents
Correct answer: The notary must verify that the signer appears alert and aware, declining if they appear incapacitated
A notary must assess whether the signer appears mentally aware and capable of understanding what they are signing. If the signer appears confused, intoxicated, or incapacitated, the notary should decline to proceed.
Question 2: When a notary is asked to notarize a document that appears to have blanks not yet filled in, the notary should:
- Proceed — blank spaces are the signer's responsibility
- Refuse or require that all blank spaces be completed before notarizing (Correct answer)
- Fill in the blanks on behalf of the signer
- Attach a note explaining the blanks
Correct answer: Refuse or require that all blank spaces be completed before notarizing
A notary should not notarize a document with blank spaces that could be filled in after the notarization, as this creates a risk of fraud. The notary should ask that blanks be completed before proceeding.
Question 3: A notary's duty to keep their commission information current means they must:
- File commission information only upon initial application
- Notify the state of changes such as a new name or address and renew before expiration (Correct answer)
- Update the state only if they perform more than 100 acts per year
- Report every notarial act to the state within 30 days
Correct answer: Notify the state of changes such as a new name or address and renew before expiration
A notary must keep their commission information current with the commissioning state, including notifying the state of a change of name or address, and must renew before expiration to remain authorized.
Question 4: Is a notary required to notarize a document in a language they do not understand?
- Yes — language understanding is not a notary requirement
- No — a notary may decline if they cannot determine the nature of the document due to a language barrier (Correct answer)
- Yes, but only if an interpreter is present
- No — the notary must always use a certified interpreter and then proceed
Correct answer: No — a notary may decline if they cannot determine the nature of the document due to a language barrier
A notary is not required to notarize documents in languages they do not understand if they cannot determine the nature of the document. Most states allow refusal if the notary cannot assess whether the notarization is appropriate.
Question 5: What should a notary do when presented with a pre-printed notarial certificate that does not match the notarial act being performed?
- Sign it anyway and add a note
- Use the certificate as-is — pre-printed forms are always correct
- Attach a correct loose certificate or modify the form to accurately reflect the act performed (Correct answer)
- Proceed only if the signer agrees to the mismatch in writing
Correct answer: Attach a correct loose certificate or modify the form to accurately reflect the act performed
The notary should not use an incorrect pre-printed certificate. The certificate must accurately describe the notarial act performed. The notary may cross out incorrect wording, attach a loose certificate, or ask for the correct form.
Question 6: Which of the following is an example of a notary acting outside the scope of their authority?
- Administering an oath to a document signer
- Certifying a copy of a birth certificate
- Explaining the legal implications of a contract to the signer (Correct answer)
- Recording the notarial act in a journal
Correct answer: Explaining the legal implications of a contract to the signer
Explaining the legal implications of a contract is legal advice, which constitutes the unauthorized practice of law unless the notary is also a licensed attorney. This is outside the scope of notarial authority.
Free Duties & Responsibilities of a Notary Questions and Answers 3
Which of the following best describes a notary's duty regarding the mental competency of the signer?