WV Notary Special Circumstances in Notarization

Question 1

Can a notary notarize a document for a signer who does not speak English?

Accepted Answer

Yes, if the notary can communicate with the signer directly or through an interpreter

Answer

No, all signers must speak English

Answer

Only for documents written in the signer's language

Answer

Only with court approval

Question 2

What should a notary do if a signer appears to be under duress or coercion?

Accepted Answer

Refuse to perform the notarization and note the circumstances in their journal

Answer

Proceed but note the concern on the certificate

Answer

Ask the person applying pressure to leave and then notarize

Answer

Complete the notarization quickly to protect the signer

Question 3

Can a notary notarize a document for a signer who is physically unable to sign?

Accepted Answer

Yes, with a signature by mark (X) witnessed by the notary, or the signer may direct another to sign on their behalf

Answer

No, a physical signature is always required

Answer

Only with a doctor's note

Answer

Only for medical documents

Question 4

How should a notary handle a document that is in a foreign language?

Accepted Answer

The notary may notarize it if they can communicate with the signer and identify the type of document

Answer

The notary must read and understand the entire document before notarizing

Answer

The document must be translated before notarization

Answer

Foreign language documents cannot be notarized in the US

Question 5

What is a notarization involving an attorney-in-fact (power of attorney)?

Accepted Answer

The attorney-in-fact signs on behalf of the principal, and the notary must verify the attorney-in-fact's identity and authority

Answer

The notary acts as the attorney

Answer

The principal must be present even with a power of attorney

Answer

Powers of attorney cannot be used for notarized documents

Question 6

Can a notary refuse to notarize a document?

Accepted Answer

Yes, a notary may refuse for legitimate reasons such as inability to verify identity, suspicion of fraud, or conflicts of interest

Answer

No, a notary must notarize all documents presented to them

Answer

Only if the document is illegal on its face

Answer

Only with written justification filed with the state