Special Circumstances in Notarization Flashcards

A signer arrives with a document written in Spanish, a language the West Virginia notary does not read. What should the notary do?

Answer: Proceed if the notarial certificate itself is in English and the notary can communicate directly with the signer

West Virginia notaries may notarize a foreign-language document as long as the certificate is in a language they understand and they can communicate directly with the signer.

A signer who is physically unable to sign asks another person to sign on her behalf. Under West Virginia law, what is required?

Answer: The individual must direct another person, in the notary's presence, to sign her name on the record

West Virginia Code allows a person unable to sign to direct another individual to sign on their behalf in the presence of the notary, who then notes this on the record.

A notary is asked to notarize a signature for a person appearing by video call from another state. Under West Virginia's remote notarization rules, what must the notary be able to do?

Answer: Identify the remotely located individual through personal knowledge, credential analysis with identity proofing, or a credible witness

West Virginia's remote notarization law requires satisfactory evidence of identity via personal knowledge, credential analysis plus identity proofing, or oath of a credible witness.

A hospital patient heavily sedated with pain medication asks a notary to acknowledge a deed. The notary should:

Answer: Decline if the patient cannot demonstrate awareness and understanding of the transaction

A notary should refuse to perform a notarial act when the signer appears to lack the awareness or capacity to understand the document being signed.

A signer presents a document that contains several blank spaces. The best practice for the West Virginia notary is to:

Answer: Ask the signer to complete or line through the blanks before notarizing

Notarizing a document with blank spaces invites fraud, so the signer should complete or strike through blanks before the notarial act.

A West Virginia notary's neighbor of 15 years asks to be identified by personal knowledge because he forgot his wallet. May the notary proceed?

Answer: Yes, personal knowledge of identity is satisfactory evidence under West Virginia law

West Virginia law recognizes the notary's personal knowledge of an individual as satisfactory evidence of identity.

During a notarization, the notary realizes the document names her as a beneficiary receiving a direct financial benefit. What must she do?

Answer: Disqualify herself and refuse to perform the notarial act

A West Virginia notary may not perform a notarial act on a record in which the notary or the notary's spouse has a direct beneficial or financial interest.