MS Notary Special Circumstances in Notarization 2 — Questions and Answers
Question 1: A signer arrives with a document already signed the previous day and asks the notary to acknowledge it. What should the Mississippi notary do?
- Proceed, because an acknowledgment does not require signing in the notary's presence (Correct answer)
- Refuse, because all documents must be signed in front of the notary
- Require the signer to sign a second time next to the original signature
- Notarize only if a witness confirms the earlier signing
Correct answer: Proceed, because an acknowledgment does not require signing in the notary's presence
For an acknowledgment, the signer may sign beforehand as long as they personally appear and acknowledge the signature as their own.
Question 2: A signer who is physically unable to sign asks the notary for help executing a deed. Which procedure is acceptable in Mississippi?
- The notary signs the signer's name without any notation
- The signer directs another individual to sign on their behalf in the signer's and notary's presence (Correct answer)
- The notary skips the signature and relies on the acknowledgment alone
- A family member signs later and mails the document back
Correct answer: The signer directs another individual to sign on their behalf in the signer's and notary's presence
Signature by proxy allows a disabled signer to direct another person to sign in the presence of both the signer and the notary.
Question 3: A signer presents a document written entirely in Spanish, a language the notary cannot read. The notarial certificate is in English. What should the notary do?
- Refuse because notaries may never notarize foreign-language documents
- Proceed if the notary can communicate directly with the signer and complete the English certificate (Correct answer)
- Translate the document before notarizing
- Ask a bystander to summarize the document and rely on that summary
Correct answer: Proceed if the notary can communicate directly with the signer and complete the English certificate
A notary may notarize a foreign-language document if they can communicate directly with the signer and properly complete the certificate.
Question 4: During a hospital notarization, the signer is heavily medicated and cannot answer basic questions about the document. The notary should:
- Complete the notarization since the family confirms the signer's wishes
- Decline because the signer does not appear to understand the transaction (Correct answer)
- Notarize but add a note about the medication
- Have the attending nurse sign as a substitute
Correct answer: Decline because the signer does not appear to understand the transaction
A notary must refuse when the signer appears to lack awareness or understanding of the document being signed.
Question 5: A blind signer asks to have a power of attorney notarized. What is the best practice for the notary?
- Refuse because the signer cannot see the document
- Read the document aloud or confirm the signer knows its contents before proceeding (Correct answer)
- Require a court order authorizing the notarization
- Have a sighted relative sign instead
Correct answer: Read the document aloud or confirm the signer knows its contents before proceeding
Blindness does not prevent notarization; the notary should ensure the signer knows the document's contents, such as by reading it aloud.
Question 6: A minor needs a document notarized for a school program. How should the Mississippi notary handle this?
- Refuse automatically because minors can never have documents notarized
- Proceed if the minor personally appears, is identified, and understands the document (Correct answer)
- Have a parent sign the minor's name
- Notarize only with a judge's approval
Correct answer: Proceed if the minor personally appears, is identified, and understands the document
Minors may have documents notarized if they appear, can be properly identified, and demonstrate understanding, though the document's enforceability is a separate legal matter.
Question 7: A signer asks the notary to notarize a document containing blank spaces to be filled in later. The notary should:
- Notarize and trust the signer to complete it honestly
- Ask the signer to complete the blanks or line through them before notarizing (Correct answer)
- Fill in the blanks personally after the signer leaves
- Notarize only the completed pages
Correct answer: Ask the signer to complete the blanks or line through them before notarizing
Notarizing incomplete documents invites fraud, so blanks should be filled in or crossed out before the notarization proceeds.
MS Notary Special Circumstances in Notarization 2
A signer arrives with a document already signed the previous day and asks the notary to acknowledge it.
What should the Mississippi notary do?