GA Notary Ethical Considerations and Responsibilities 3

Question 1

A signer asks the Georgia notary to explain whether the contract they are signing is legally enforceable. What must the notary do?

Accepted Answer

Refuse to give legal advice, as doing so constitutes unauthorized practice of law

Answer

Provide a brief summary since the notary must help signers understand

Answer

Direct the signer to a Georgia Bar-approved website

Answer

Explain the document only if the notary has legal training

Question 2

Which scenario represents an acceptable reason for a Georgia notary to refuse a notarial act?

Accepted Answer

The notary reasonably believes the document will be used for fraud

Answer

The signer speaks only Spanish and an interpreter is present

Answer

The signer is a convicted felon

Answer

The signer cannot read the document themselves

Question 3

A notary's employer instructs the notary to notarize documents without verifying signers' identities to speed up processing. What should the notary do?

Accepted Answer

Refuse, because identity verification is a non-delegable legal duty of the notary

Answer

Comply since employers have authority over notaries

Answer

Comply only for repeat customers whose identity is already on file

Answer

Ask a supervisor to sign off on the waiver

Question 4

What is the ethical obligation of a Georgia notary when a signer presents an expired government-issued ID?

Accepted Answer

Reject it and require a current, valid form of identification

Answer

Accept it if the photo is a clear likeness

Answer

Accept it if supplemented by a second form of expired ID

Answer

Accept it for documents under a certain dollar value

Question 5

A notary is asked to notarize a blank or incomplete document. What is the correct ethical response?

Accepted Answer

Refuse until the document is complete

Answer

Notarize it and note 'incomplete' in the journal

Answer

Notarize only the sections that are filled in

Answer

Notarize it if the signer promises to complete it afterward

Question 6

A Georgia notary is pressured by a closing attorney to back-date a notarization to meet a contract deadline. What must the notary do?

Accepted Answer

Refuse, because backdating is a criminal falsification of public records

Answer

Comply if the attorney takes full legal responsibility in writing

Answer

Comply only if the signing actually occurred on the backdated date

Answer

Refuse unless the parties consent to backdating

Question 7

What ethical rule applies when a Georgia notary is asked to notarize their own signature on a document?

Accepted Answer

It is never permissible; a notary cannot notarize their own signature

Answer

It is permissible if a witness is present

Answer

It is permissible on self-prepared affidavits only

Answer

It is permissible with prior written authorization from the Georgia Secretary of State