NC Notary Performing Notarial Acts 3

Question 1

A NC notary is asked to notarize the signature of a person who is blind. The notary should:

Accepted Answer

Proceed after reading the document to the signer and confirming they understand and agree to its contents

Answer

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.

Question 2

A NC notary is performing a notarization at a hospital bedside. The signer appears ill but coherent. The notary should:

Accepted Answer

Evaluate the signer's mental capacity at the time — if the signer is coherent and understands the document, proceed

Answer

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.

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?

Accepted Answer

Obstruction of justice and potentially a felony for destruction of official records

Answer

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.

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:

Accepted Answer

Ask to speak privately with the signer to verify they are signing willingly and without coercion

Answer

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.

Question 5

Under NCGS Chapter 10B, when performing an oath for a deposition, the notary must ensure:

Accepted Answer

The deponent swears or affirms to tell the truth before giving testimony

Answer

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.

NC Notary - North Carolina Notary Exam Practice Test

NC Notary - North Carolina Notary Exam Practice Test

NC Notary Performing Notarial Acts 3