NC Notary Performing Notarial Acts 3 — Questions and Answers
Question 1: A NC notary is asked to notarize the signature of a person who is blind. The notary should:
- Refuse because blind persons cannot legally sign documents
- Proceed after reading the document to the signer and confirming they understand and agree to its contents (Correct answer)
- Require a guardian's co-signature on the document
- Require two sighted witnesses to confirm the signer's willingness
Correct answer: Proceed after reading the document to the signer and confirming they understand and agree to its contents
Blindness does not disqualify a person from signing legal documents. A notary should read the relevant portions of the document to a blind signer to ensure they understand what they are signing, then proceed with the notarization if the signer demonstrates understanding and willingness.
Blindness is a physical impairment, not a legal incapacity. A blind person retains full legal capacity to sign documents. The notary's duty — to ensure the signer understands and willingly signs — may require extra steps: reading relevant document portions aloud, allowing the signer to have someone else read it, or verifying understanding through questions. Once the notary is satisfied the signer understands and is signing voluntarily, the notarization may proceed. Refusing to notarize solely because a signer is blind could constitute improper discrimination.
Question 2: A NC notary is performing a notarization at a hospital bedside. The signer appears ill but coherent. The notary should:
- Refuse because notarizations cannot be performed in a medical facility
- Evaluate the signer's mental capacity at the time — if the signer is coherent and understands the document, proceed (Correct answer)
- Require a physician's written certification of capacity before proceeding
- Proceed only if the signer's primary physician is present
Correct answer: Evaluate the signer's mental capacity at the time — if the signer is coherent and understands the document, proceed
Location (hospital, home, office) does not affect the validity of a notarization. The critical inquiry is whether the signer has the mental capacity to understand the document and is signing willingly. If the signer is coherent and demonstrates understanding, the notarization may proceed.
NC notaries may perform notarial acts in any location — hospitals, nursing homes, private residences, or workplaces. The signer's physical illness does not establish incapacity. The notary must assess whether the signer appears to understand the nature of the transaction and is signing of their own free will. If the signer can communicate clearly, understands what they are signing, and is not under coercion, the notarization is valid. A physician's certification is not required, though for high-value transactions (wills, powers of attorney), having witnesses present is advisable.
Question 3: Under NC law, a notary who performs a notarization and then destroys the notarial record to hide evidence of misconduct could face which charge?
- Only a civil fine for improper record keeping
- Obstruction of justice and potentially a felony for destruction of official records (Correct answer)
- Only commission revocation, with no criminal exposure
- Only a misdemeanor for improper record keeping
Correct answer: Obstruction of justice and potentially a felony for destruction of official records
Destroying official records to conceal misconduct is obstruction of justice — a serious criminal offense. Additionally, if the records are official notarial records, destroying them could constitute additional criminal violations under NC law.
Destroying records to conceal notarial misconduct exposes a notary to multiple serious charges. Obstruction of justice under NC criminal law can be a felony, depending on the circumstances. Destruction of official records may constitute a separate offense. If the destruction is part of a broader fraud scheme, additional conspiracy and fraud charges may apply. These criminal consequences are far more severe than the original misconduct alone. The NC SOS may also permanently revoke the commission. Record-keeping integrity is taken very seriously in NC's notarial system.
Question 4: A NC notary is asked to notarize a power of attorney that will grant the signer's son broad authority over the signer's finances. The signer is elderly and the son is present during the notarization. The notary should:
- Proceed immediately since the son's presence is helpful
- Ask to speak privately with the signer to verify they are signing willingly and without coercion (Correct answer)
- Require the son to leave the room before beginning the notarization
- Decline to notarize whenever a beneficiary of the document is present
Correct answer: Ask to speak privately with the signer to verify they are signing willingly and without coercion
When a potential beneficiary is present during a notarization, the notary should take steps to verify the signer is acting voluntarily — ideally by speaking privately with the signer. This is especially important for powers of attorney involving elderly signers.
The presence of a person who will benefit from the document being signed is a potential red flag for coercion or undue influence, particularly with elderly principals. A prudent NC notary should request to speak with the signer privately — away from the son — to ask if the signer understands the document and is signing of their own free will. If the signer appears confused, hesitant, or shows signs of duress when the son is mentioned, the notary should decline. This is one of the most important protective functions a notary can perform.
Question 5: Under NCGS Chapter 10B, when performing an oath for a deposition, the notary must ensure:
- The deponent reads each answer aloud before signing
- The deponent swears or affirms to tell the truth before giving testimony (Correct answer)
- A court reporter is present to make the oath official
- Two witnesses countersign the deponent's oath
Correct answer: The deponent swears or affirms to tell the truth before giving testimony
When administering an oath for a deposition, the notary must formally administer the oath or affirmation — the deponent swears or affirms to tell the truth, the whole truth, and nothing but the truth. This formal oath creates the legal obligation and perjury exposure.
A NC notary has authority to administer oaths and affirmations under NCGS §10B-40(c). For depositions, the notary typically administers the oath to the witness at the beginning of the deposition: 'Do you swear (or affirm) that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?' The witness responds affirmatively. This creates a sworn testimony — false answers after this oath constitute perjury. A court reporter may be present to record the testimony but is not required for the oath's validity. No witness countersignature is required.
Question 6: Under NC law, a document is presented to a notary for notarization, but the signer's name in the document's signature block does not exactly match their government ID. The notary should:
- Refuse to notarize since the names don't match exactly
- Use their judgment — minor variations (middle name omitted, initials used) may be acceptable if identity is otherwise established (Correct answer)
- Require the signer to change their name on the ID before proceeding
- Notarize without concern since ID cards are not always accurate
Correct answer: Use their judgment — minor variations (middle name omitted, initials used) may be acceptable if identity is otherwise established
Minor name variations between documents and IDs are common. A notary must use judgment — if the overall evidence clearly establishes the person's identity, minor discrepancies (a middle name omitted, a suffix dropped) may be acceptable. Substantial differences require caution.
NC law requires 'satisfactory evidence of identity' — the notary must be satisfied the signer is who they claim to be. Minor name variations (e.g., document says 'Robert James Smith' and ID says 'Robert J. Smith') are common and generally acceptable if the notary is otherwise satisfied about identity. However, significant discrepancies (completely different names, significantly different physical descriptions) should prompt the notary to seek additional verification or decline. The notary should note any significant discrepancy in their journal. If in doubt, the notary should decline and request clarification.
NC Notary Performing Notarial Acts 3
A NC notary is asked to notarize the signature of a person who is blind.
The notary should: