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Posted by  JanetK_CA on 7/29/16 1:26am
I've done the same Handbook examination you have on this issue and couldn't find anything either. So I consider it a matter of ethics and best practices, rather than the law. I've also spoken with someone at the SOS office about the capacity issue and was given a similar response, that we're not obligated (nor are most of us qualified) to be able to determine someone's capacity. With capacity, common sense would dictate (imo) that a person would need to understand something in order to acknowledge it.
I would assume duress would be similar. Our ack certificates don't say "of my own free will", but it seems to me that it's a reasonable expectation. Same thing for signing under oath, if not more so. I agree that an argument could be made in both directions, but if we take it as a given that the purpose of a notarization is to prevent fraud, I would think we should have some leeway on this stuff.
Also, when I do GNW, if anything is said that might lead me to believe a signer may be older or impaired in any way, I'm going to ask about this up front. Most people expect this and even appreciate it. If they don't, it could be a red flag. That's just my 2 cents.
BTW, with your second scenario, if she really did have a brother in Columbia, it's remotely possible she was actually telling the truth... :-}
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