FREE HI Notary Ethical Dilemmas and Decision Making Questions and Answers
How should a notary handle a situation where a signer is unable to sign due to a disability, but someone else signs on their behalf?
If someone is signing on behalf of another person due to disability, the notary should require proof of the authority of the person signing on behalf of the signer. This ensures that the notarial act is performed correctly and legally, reflecting the actual authority of the signer’s representative.
What should a notary do if they realize they have a personal relationship with one of the parties involved in a notarization?
To maintain impartiality and avoid any appearance of bias or conflict of interest, a notary should refuse to notarize documents involving parties with whom they have a personal relationship. This helps ensure that all notarizations are conducted fairly and without favoritism.
What should a notary do if they are asked to notarize a document that appears to be incomplete?
A notary should refuse to notarize a document that appears incomplete, as notarization should only occur when the document is fully prepared. This ensures that the notarial act is valid and that the document is accurate and complete at the time of notarization.
A notary discovers that a document they notarized contains incorrect information. What is the appropriate action?
If a notary discovers incorrect information in a document they have notarized, they should notify the signer and suggest that the document be corrected. The notary should not alter or correct the document themselves but can guide the signer to take appropriate steps.
If a notary is asked to notarize a document but suspects the signer is under duress, what should the notary do?
If a notary suspects that a signer is under duress, they should refuse to notarize the document. The notary's role is to ensure that the signer is acting voluntarily and without pressure, and addressing concerns about duress is crucial for maintaining ethical standards.