WV Notary Special Circumstances in Notarization 2 — Questions and Answers
Question 1: A signer arrives with a document written in Spanish, a language the West Virginia notary does not read. What should the notary do?
- Proceed if the notarial certificate itself is in English and the notary can communicate directly with the signer (Correct answer)
- Refuse because notaries may never notarize foreign-language documents
- Translate the document before notarizing
- Ask a bystander to summarize the document and then notarize
Correct 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.
Question 2: A signer who is physically unable to sign asks another person to sign on her behalf. Under West Virginia law, what is required?
- The individual must direct another person, in the notary's presence, to sign her name on the record (Correct answer)
- Signature by proxy is prohibited in West Virginia
- The proxy must hold power of attorney
- The proxy signature must be approved by a judge first
Correct 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.
Question 3: 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?
- Identify the remotely located individual through personal knowledge, credential analysis with identity proofing, or a credible witness (Correct answer)
- Simply see the signer's face clearly on screen
- Have met the signer in person at least once before
- Obtain written permission from the other state's notary regulator
Correct 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.
Question 4: A hospital patient heavily sedated with pain medication asks a notary to acknowledge a deed. The notary should:
- Decline if the patient cannot demonstrate awareness and understanding of the transaction (Correct answer)
- Proceed because illness never affects notarization
- Notarize but note the medication in the certificate
- Have a doctor sign in the patient's place
Correct 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.
Question 5: A signer presents a document that contains several blank spaces. The best practice for the West Virginia notary is to:
- Ask the signer to complete or line through the blanks before notarizing (Correct answer)
- Notarize and let the signer fill the blanks later
- Fill in the blanks personally with reasonable guesses
- Notarize but staple a warning note to the document
Correct 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.
Question 6: 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?
- Yes, personal knowledge of identity is satisfactory evidence under West Virginia law (Correct answer)
- No, a government-issued ID is always mandatory
- Only if a second notary confirms the identity
- Only for documents worth less than $500
Correct 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.
Question 7: During a notarization, the notary realizes the document names her as a beneficiary receiving a direct financial benefit. What must she do?
- Disqualify herself and refuse to perform the notarial act (Correct answer)
- Proceed but disclose the interest in the certificate
- Charge a reduced fee to offset the conflict
- Ask the signer to waive the conflict in writing
Correct 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.
WV Notary Special Circumstances in Notarization 2
A signer arrives with a document written in Spanish, a language the West Virginia notary does not read.
What should the notary do?