I don't much care for the phrase, "we notarize signatures, not documents". First off, we interact with the person before us in a way specified by law, and memorialize that interaction with a certificate.
If it's an acknowledgement, check the identity of the person who appeared, we ask if the signature is theirs, and ask something like "did you sign the document for the purposes expressed in the document?" or whatever is required in our state.
If it's an oral oath, we administer the oath (and in my state, I complete a paper certificate which the person before me does not sign.) Some states require checking the person's identity
If it's a written oath, we administer the oath and watch the person before us sign the paper. Sometimes we have to check the identity.
If we doubt the ability of the person to understand the document, the situation varies quite a bit from state to state. Some states impose a duty to refuse to act if the person does not appear to understand the transaction. Some states are silent about the issue. Some states allow, but do not require, the notary to refuse to act. My state, Vermont, says
"(a) A notary public may refuse to perform a notarial act if the notary public is not satisfied that:
"(1) the individual executing the record is competent or has the capacity to execute the record; or..." |
