HI Notary Ethical Dilemmas and Decision Making 3

Question 1

A Hawaii notary performs mobile services and arrives at a hospital to notarize documents for a patient. The patient appears heavily medicated. What should the notary do?

Accepted Answer

Assess whether the patient understands the nature of the document and the notarial act before proceeding

Answer

The notary must assess the signer's mental competence. A medicated patient may still be competent, but the notary must verify understanding before notarizing.

Question 2

A Hawaii notary discovers that a document they notarized last month was used in a fraudulent transaction. They had no knowledge of the fraud at the time. Are they liable?

Accepted Answer

No, if the notary followed all proper procedures and had no knowledge of the fraud

Answer

A notary who followed proper procedures and had no knowledge of fraud is generally not liable, as their duty is limited to proper identification and procedural compliance.

Question 3

A real estate agent who regularly sends clients to a Hawaii notary offers a referral fee arrangement. Is this ethically permissible?

Accepted Answer

No, accepting referral fees creates a conflict of interest and may violate fee regulations

Answer

Referral fee arrangements compromise the notary's impartiality and may constitute a kickback scheme that violates notary fee regulations.

Question 4

A Hawaii notary is asked to notarize a blank document that the signer promises to fill in later. The signer insists it is a common practice. How should the notary respond?

Accepted Answer

Refuse to notarize any blank or incomplete document

Answer

A notary must never notarize a blank or incomplete document, as this creates an opportunity for fraud and misuse after notarization.

Question 5

During a notarization, a Hawaii notary realizes that the signer is their current landlord, and the document relates to a lease dispute the notary is involved in. What should they do?

Accepted Answer

Decline due to the direct personal interest and potential bias

Answer

The notary has a direct personal interest in a dispute involving the landlord, which creates an unacceptable conflict of interest requiring them to decline.

(HI Notary) Hawaii Notary Exam Practice Test

(HI Notary) Hawaii Notary Exam Practice Test

HI Notary Ethical Dilemmas and Decision Making 3