WV Notary Special Circumstances in Notarization 3 — Questions and Answers
Question 1: 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?
- Yes, as long as the notary and signer can communicate directly, including in writing (Correct answer)
- No, an ASL interpreter is legally required
- No, hearing-impaired individuals must use remote notarization
- Only if a family member confirms the signer's wishes
Correct 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.
Question 2: 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:
- Be personally known to the notary or properly identified, know the signer, and verify the signer's identity under oath (Correct answer)
- Simply sign the document as a co-signer
- Present two forms of government ID for the signer
- Be a licensed attorney or law enforcement officer
Correct 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.
Question 3: A minor who is 17 years old needs a school permission affidavit notarized. How should the West Virginia notary handle it?
- Proceed if the minor can be identified, understands the document, and signs willingly (Correct answer)
- Refuse because minors can never appear before a notary
- Have the parent sign the minor's name instead
- Require a court order authorizing the notarization
Correct 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.
Question 4: 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?
- The attorney-in-fact's identity, because he is the person signing and appearing (Correct answer)
- The mother's identity, verified by phone call
- Both must appear in person together
- Neither, since the power of attorney replaces identification
Correct 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.
Question 5: A caller asks a West Virginia notary to certify that a photocopy of a birth certificate is a true copy. The notary should:
- Decline, because vital records copies must be certified by the issuing agency (Correct answer)
- Certify the copy after comparing it to the original
- Certify it only if the copy is in color
- Notarize the caller's signature on the photocopy itself
Correct 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.
Question 6: Midway through an acknowledgment, the signer states he is signing the contract only because his brother threatened him. The notary should:
- Stop and refuse to complete the notarization because the signature is not willingly made (Correct answer)
- Complete it but write 'signed under protest' in the certificate
- Complete it since family disputes are not the notary's business
- Call the brother to confirm the threat
Correct 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.
Question 7: A signer presents an expired driver's license as identification for an in-person notarization in West Virginia. What is the general rule?
- An ID that is expired may be unacceptable; the notary should request a current government-issued ID or use another lawful method of identification (Correct answer)
- Any expired ID is acceptable if the photo still resembles the signer
- Expired IDs are acceptable for up to ten years after expiration
- Expired IDs are acceptable only for real estate documents
Correct 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.
WV Notary Special Circumstances in Notarization 3
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?