MS Notary Special Circumstances in Notarization 3 — Questions and Answers
Question 1: A signer who speaks no English arrives with an interpreter for a notarization. What is the safest practice for a Mississippi notary who cannot communicate with the signer directly?
- Rely fully on the interpreter and proceed
- Decline and refer the signer to a notary who speaks the signer's language (Correct answer)
- Notarize but note the interpreter's name in the certificate
- Have the interpreter sign the document instead
Correct answer: Decline and refer the signer to a notary who speaks the signer's language
Because the notary cannot verify willingness and awareness through a third party, best practice is to refer the signer to a notary fluent in their language.
Question 2: A signer wants a photocopy of a birth certificate certified by a notary. How should a Mississippi notary respond?
- Certify the copy since notaries can copy-certify anything
- Decline, because vital records copies must come from the issuing agency (Correct answer)
- Certify it only if the original is presented
- Charge double the normal fee for the service
Correct answer: Decline, because vital records copies must come from the issuing agency
Vital records such as birth certificates are publicly recorded documents whose certified copies must be obtained from the official custodian, not a notary.
Question 3: During a signing, the notary notices the signer's hand is being physically guided by another person who also stands to benefit from the document. The notary should:
- Proceed since assistance with a shaky hand is common
- Stop and privately assess whether the signer is acting willingly and free of coercion (Correct answer)
- Finish quickly to avoid embarrassing anyone
- Ask the beneficiary to hold the document steady instead
Correct answer: Stop and privately assess whether the signer is acting willingly and free of coercion
Signs of possible coercion require the notary to verify the signer's free will, ideally by speaking with the signer alone, before proceeding.
Question 4: A signer with a mark (an 'X') instead of a signature requests a notarization. What does best practice generally require?
- Refuse because a mark is not a valid signature
- Allow the mark, typically with witnesses who also sign, and note the circumstances (Correct answer)
- Have the notary write the signer's full name over the X
- Convert the document to an oral agreement
Correct answer: Allow the mark, typically with witnesses who also sign, and note the circumstances
A signer may sign by mark, and best practice calls for disinterested witnesses and a notation describing how the signature was made.
Question 5: A deployed service member's spouse asks the notary to notarize the absent service member's signature on a car title, showing a valid military ID for the absent spouse. The notary should:
- Notarize since military families deserve flexibility
- Refuse because the signer must personally appear before the notary (Correct answer)
- Notarize after a video call with the service member's commander
- Accept the spouse's signature in place of the service member's
Correct answer: Refuse because the signer must personally appear before the notary
Personal appearance by the actual signer is an absolute requirement, and no relationship or hardship exempts it.
Question 6: A signer presents a document dated in the future and asks the notary to postdate the notarial certificate to match. The notary should:
- Postdate the certificate as requested
- Use the actual date of the notarization on the certificate regardless of the document's date (Correct answer)
- Leave the certificate date blank for the signer to complete
- Backdate instead, which is safer than postdating
Correct answer: Use the actual date of the notarization on the certificate regardless of the document's date
The notarial certificate must always reflect the true date the notarial act was performed; falsifying it is misconduct.
Question 7: A nursing home resident wants a will notarized, and the notary suspects the resident may have dementia. Which step is most appropriate before proceeding?
- Ask the facility staff to vouch for the resident's capacity
- Engage the signer in normal conversation to make a layperson's judgment of awareness, declining if in doubt (Correct answer)
- Request the resident's full medical records
- Notarize immediately since only courts can judge capacity
Correct answer: Engage the signer in normal conversation to make a layperson's judgment of awareness, declining if in doubt
Notaries make a commonsense, layperson's assessment of awareness through direct conversation and must decline if reasonable doubt remains.
MS Notary Special Circumstances in Notarization 3
A signer who speaks no English arrives with an interpreter for a notarization.
What is the safest practice for a Mississippi notary who cannot communicate with the signer directly?