Notary Public Communication & Stakeholder Relations 3 — Questions and Answers
Question 1: An attorney-in-fact presents a power of attorney and wants to sign on behalf of the principal. How should the notary communicate willingness to proceed?
- Accept the document without review since attorneys are trusted
- Verify the POA is valid and that the principal's name appears correctly in the acknowledgment (Correct answer)
- Refuse all POA signings to avoid liability
- Allow the attorney-in-fact to sign the principal's name only
Correct answer: Verify the POA is valid and that the principal's name appears correctly in the acknowledgment
The notary must confirm the POA is in effect and ensure the certificate reflects the representative capacity correctly.
Question 2: A signer wants to know if the notary can keep the contents of their document confidential. The notary should explain:
- Notaries are bound by attorney-client privilege
- Notaries have no blanket duty of confidentiality but should handle documents with discretion (Correct answer)
- All notarial records are publicly accessible by anyone
- The notary will shred all copies of the document
Correct answer: Notaries have no blanket duty of confidentiality but should handle documents with discretion
Notaries are not bound by a privilege like attorneys but should treat signer information with professional discretion.
Question 3: During a signing, a signer's family member repeatedly answers questions directed at the signer. The notary should:
- Allow the family member to answer since they seem knowledgeable
- Direct all questions specifically to the signer and ask the family member to step back (Correct answer)
- Cancel the notarization due to potential duress
- Ask the family member to sign as a witness
Correct answer: Direct all questions specifically to the signer and ask the family member to step back
The notary must communicate directly with the signer to confirm willingness and understanding without third-party interference.
Question 4: A notary receives a call from a bank asking for a copy of a signer's journal entry. The notary should:
- Fax the entry immediately as a professional courtesy
- Follow state law, which typically requires a written request or court order (Correct answer)
- Refuse all third-party requests categorically
- Email a photo of the journal page
Correct answer: Follow state law, which typically requires a written request or court order
Journal records are official documents and their disclosure is governed by state statute, usually requiring a formal request.
Question 5: When a signer asks the notary to date the document as of last week, the notary should:
- Comply if the signer provides a plausible reason
- Refuse because backdating is fraudulent and a violation of notary duty (Correct answer)
- Suggest the signer write the date themselves
- Use last week's date only for the certificate, not the document
Correct answer: Refuse because backdating is fraudulent and a violation of notary duty
Backdating a notarial certificate is fraud and can result in commission revocation and criminal prosecution.
Question 6: A hospital patient asks a notary to notarize a will but appears medicated and drowsy. The most appropriate response is:
- Proceed since the patient requested it
- Assess whether the signer is lucid enough to understand the act before proceeding (Correct answer)
- Refuse all hospital signings
- Ask the nurse to sign as a witness confirming competency
Correct answer: Assess whether the signer is lucid enough to understand the act before proceeding
A notary must determine that the signer is aware and competent at the time of notarization regardless of their medical setting.
Question 7: Which communication practice best helps a notary avoid misunderstandings at mobile signings?
- Arrive without calling ahead to assess the situation naturally
- Confirm appointment details, required IDs, and document types with all parties in advance (Correct answer)
- Let the requesting party handle all instructions to the signer
- Bring only a journal and ask the signer to supply everything else
Correct answer: Confirm appointment details, required IDs, and document types with all parties in advance
Pre-appointment communication reduces delays, ensures preparedness, and sets clear expectations for all parties.
Notary Public Communication & Stakeholder Relations 3
An attorney-in-fact presents a power of attorney and wants to sign on behalf of the principal.
How should the notary communicate willingness to proceed?