HI Notary Ethical Dilemmas and Decision Making 2 — Questions and Answers
Question 1: A Hawaii notary's close friend asks them to notarize a power of attorney document. The friend does not have identification but says 'you know who I am.' What should the notary do?
- Notarize it since personal knowledge satisfies identification requirements
- Refuse entirely because friends can never be notarized
- Notarize based on personal knowledge but document the relationship in the journal (Correct answer)
- Refuse because power of attorney documents require photo ID regardless
Correct answer: Notarize based on personal knowledge but document the relationship in the journal
Personal knowledge is an acceptable form of identification in Hawaii. The notary should proceed but carefully document the basis for identification in their journal.
Under Hawaii law, personal knowledge of a signer is an acceptable method of identification. However, when the signer is a close friend, the notary must exercise particular care. The notary should proceed if they genuinely know the person's identity, but they must document in their journal that identification was based on personal knowledge and note their relationship with the signer. The notary should also carefully assess whether they have any financial interest in the transaction, which would disqualify them. Simply being friends does not prohibit notarization, but the notary must remain impartial and thorough in their record-keeping.
Question 2: A Hawaii notary is offered a $100 tip by a grateful signer after completing a notarization. What is the ethically correct action?
- Accept it as a voluntary gift unrelated to the notarial fee
- Decline and explain that the statutory fee is the only compensation allowed for the act (Correct answer)
- Accept it but report it as income
- Accept only if it is less than the statutory fee maximum
Correct answer: Decline and explain that the statutory fee is the only compensation allowed for the act
Accepting tips or bonuses beyond the statutory fee could be viewed as overcharging. The notary should politely decline and explain the fee limitations.
While a tip might seem like a voluntary gift, accepting compensation beyond the statutory maximum fee of $5.00 per notarial act creates ethical and legal concerns. It could be interpreted as the notary indirectly charging more than the allowed fee, violating HRS 456-16. Additionally, accepting tips could create the appearance of favoritism or create an expectation that better service requires extra payment. The ethical course of action is to politely decline, explain that state law limits notary fees, and maintain the professional and impartial nature of the notarial role.
Question 3: A Hawaii notary works at a bank. Their supervisor instructs them to notarize documents for bank customers even when the customer is not physically present. What should the notary do?
- Follow the supervisor's instructions since they are an employee
- Refuse, as personal appearance is legally required for notarization (Correct answer)
- Comply but note the absence in their journal
- Notarize only if the customer called in by phone
Correct answer: Refuse, as personal appearance is legally required for notarization
Personal appearance of the signer is a non-negotiable requirement. No employer instruction can override this legal obligation.
One of the most fundamental requirements of notarization in Hawaii (and virtually all U.S. jurisdictions) is that the signer must personally appear before the notary at the time of the notarial act. This requirement cannot be waived by anyone, including an employer. A notary who complies with such an instruction is committing fraud and faces commission revocation, civil liability, and potential criminal charges. The notary's legal obligations supersede any employment directives. The notary should firmly but respectfully refuse, explain the legal requirement, and if the supervisor persists, consider reporting the matter to the Attorney General's office.
Question 4: A signer presents a valid Hawaii driver's license, but the notary notices the photo does not closely resemble the person. What is the appropriate action?
- Proceed since the ID is technically valid and government-issued
- Request additional identification or use credible witnesses (Correct answer)
- Refuse the notarization entirely
- Call law enforcement immediately
Correct answer: Request additional identification or use credible witnesses
If the photo ID does not satisfy the notary that it belongs to the signer, they should request additional identification or use alternative identification methods.
While a valid government-issued ID is generally acceptable for notarization, the notary's ultimate duty is to be reasonably satisfied of the signer's identity. If the photo on the ID does not closely resemble the person presenting it, the notary has grounds to question whether the ID belongs to that person. Rather than either blindly accepting the ID or outright refusing, the best approach is to request additional forms of identification or suggest the use of credible identifying witnesses. The notary should use professional judgment. If identification concerns persist after additional verification attempts, the notary should decline the notarization.
Question 5: A Hawaii notary is asked to notarize a document written entirely in Japanese, a language they do not read. Can they proceed?
- No, notaries can only notarize English-language documents
- Yes, because the notary notarizes signatures, not document content (Correct answer)
- Yes, but only if a certified translator is present
- No, unless the notary can read the document language
Correct answer: Yes, because the notary notarizes signatures, not document content
A notary is not responsible for the document's content. They are certifying the identity of the signer and that the signing was voluntary, regardless of the document's language.
Hawaii notaries may notarize documents written in any language because the notarial act certifies the identity of the signer and the voluntariness of the signing, not the content of the document. The notary is not certifying that the document is accurate, legal, or truthful. However, the notarial certificate itself (the notary's statement, seal, and signature) should be in English. The notary should ensure they can communicate sufficiently with the signer to verify identity and willingness. If there is a language barrier with the signer that prevents basic communication, the notary should consider whether they can adequately fulfill their duties.
Question 6: A Hawaii notary is notarizing a real estate deed. The signer appears nervous, sweating, and keeps looking at another person in the room. What ethical obligation does the notary have?
- None, nervousness during real estate transactions is normal
- Ask the accompanying person to leave the room and speak privately with the signer (Correct answer)
- Proceed quickly to reduce the signer's anxiety
- Refuse to notarize the document
Correct answer: Ask the accompanying person to leave the room and speak privately with the signer
Signs of potential duress or undue influence require the notary to take steps to ensure the signer is acting willingly, such as speaking with them privately.
A Hawaii notary has an ethical and legal duty to ensure that every signer is acting willingly and not under duress or undue influence. When a signer exhibits signs of distress and appears to be influenced by someone else present, the notary should take steps to assess the situation. The most appropriate first step is to ask the other person to leave the room temporarily and speak privately with the signer. This gives the signer an opportunity to express any concerns without fear of retaliation. If the notary determines the signer is being coerced, they must refuse the notarization. Ignoring obvious warning signs could make the notary liable for facilitating a coerced transaction.
HI Notary Ethical Dilemmas and Decision Making 2
A Hawaii notary's close friend asks them to notarize a power of attorney document.
The friend does not have identification but says 'you know who I am.' What should the notary do?