Special Circumstances in Notarization Flashcards

A deaf signer who communicates in writing appears before a West Virginia notary. The notary can exchange written notes with the signer. May the notarization proceed?

Answer: Yes, as long as the notary and signer can communicate directly, including in writing

Direct communication between notary and signer may occur in writing, so hearing impairment alone does not prevent notarization.

A stranger with no acceptable ID brings a longtime friend of the notary to vouch for his identity. To use this credible witness, the witness must:

Answer: Be personally known to the notary or properly identified, know the signer, and verify the signer's identity under oath

A credible witness must be identifiable to the notary, personally know the signer, and attest to the signer's identity, typically under oath or affirmation.

A minor who is 17 years old needs a school permission affidavit notarized. How should the West Virginia notary handle it?

Answer: Proceed if the minor can be identified, understands the document, and signs willingly

There is no age prohibition on notarization; the notary needs satisfactory identification and evidence the minor understands and acts willingly.

An attorney-in-fact appears to sign a deed on behalf of his mother under a power of attorney. Whose identity must the notary verify and whose signature is notarized?

Answer: The attorney-in-fact's identity, because he is the person signing and appearing

The notary identifies and notarizes for the person physically appearing and signing — the attorney-in-fact — in his representative capacity.

A caller asks a West Virginia notary to certify that a photocopy of a birth certificate is a true copy. The notary should:

Answer: Decline, because vital records copies must be certified by the issuing agency

Publicly recorded vital records like birth certificates cannot be copy-certified by a notary; certified copies must come from the record custodian.

Midway through an acknowledgment, the signer states he is signing the contract only because his brother threatened him. The notary should:

Answer: Stop and refuse to complete the notarization because the signature is not willingly made

A notary must refuse to perform a notarial act if the signer appears to be acting under coercion rather than voluntarily.

A signer presents an expired driver's license as identification for an in-person notarization in West Virginia. What is the general rule?

Answer: An ID that is expired may be unacceptable; the notary should request a current government-issued ID or use another lawful method of identification

Satisfactory evidence generally means a current government-issued ID with photo and signature, so the notary should seek valid ID or an alternative such as a credible witness.