A Notary Document must be Signed Willingly

As a notary public we need to be aware that the notary document is being signed willingly. As such, we need to take appropriate steps to assess the signer. We can do this through basic observation, simple conversation, and by asking elementary questions.

This is particularly true in today’s litigious society. We need to protect ourselves against potential for being accused of misconduct. Remember, always be careful when notarizing for a family member.

Examples where we need to be alert

1. The elderly: It is not uncommon that the elderly are susceptible to being taken advantage of. We must be certain they are no coerced into signing a document they don’t understand.
2. The evidence of Cognitive Impairment: If it appears that the signer does not process information, we should be certain that he or she understands why they are affixing their signature to the document.
3. The notary needs to ascertain that the client is not being coerced into signing the document. In other words, he or she is acting voluntarily and is not under duress.
4. A signer who is intoxicated by alcohol or drugs is obviously more likely to be taken advantage of. Even if they are not being taken advantage of, the ability to understand what they are doing is severely impaired.

We mention these points because as notaries it is easy to go on “automatic pilot” when continually notarizing documents. It’s important to remember the duty we are charged with as a public official. It is essential that a notary document must be signed willingly. Furthermore, you should enter the service in your notary log. New York now requires notaries to keep a Journal.

Each month we publish a different blog article in effort to provide continuing education to notaries. Someone wishing to become a notary public in New York can prepare for the exam through our website. Don’t forget to visit our About the Course page to see what you need to know to become a notary public in NY.

While there, feel free to visit our blog page to read other articles specifically addressing the challenges that can potentially affect a notary public. You can also visit the New York Department of State to learn more.