HI Notary Ethical Dilemmas and Decision Making 1 — Questions and Answers
Question 1: If a notary is asked to notarize a document but suspects the signer is under duress, what should the notary do?
- Proceed with the notarization if the signer appears to be compliant
- Refuse to notarize the document and inform the signer of your concerns (Correct answer)
- Complete the notarization and report your concerns to the authorities later
- Ask the signer to sign the document in a different location to confirm their freedom
Correct answer: Refuse to notarize the document and inform the signer of your concerns
A notary's duty includes ensuring that the signer is acting freely and without coercion or duress. If a notary suspects the signer is under duress, they must refuse to perform the notarization to protect the integrity of the act and the signer's well-being. Notarizing a document under such circumstances would invalidate the document and violate the notary's ethical obligations.
Question 2: What should a notary do if they realize they have a personal relationship with one of the parties involved in a notarization?
- Proceed with the notarization as usual
- Disclose the relationship to all parties and proceed if no objections are raised
- Refuse to notarize the document to avoid any appearance of bias (Correct answer)
- Have a colleague notarize the document instead
Correct answer: Refuse to notarize the document to avoid any appearance of bias
Notaries are required to be impartial and unbiased in all their official acts. A personal relationship with any party involved in a notarization creates a conflict of interest, compromising the notary's objectivity and the integrity of the notarial act. To uphold the ethical standard of impartiality and avoid any appearance of impropriety, the notary must refuse to perform the service.
Question 3: A notary discovers that a document they notarized contains incorrect information. What is the appropriate action?
- Notify the signer and advise them to have the document corrected (Correct answer)
- Correct the information in the document and notarize it again
- Ignore the mistake if the document was signed and notarized in good faith
- Contact the document's issuer and request a revised version
Correct answer: Notify the signer and advise them to have the document corrected
A notary's role is to verify identities and witness signatures, not to validate the content or accuracy of a document. If a notary discovers incorrect information in a document they previously notarized, they cannot alter the document or their journal entry. The appropriate action is to notify the signer, as it is the signer's responsibility to ensure the document's accuracy and seek appropriate corrections from the document's author or issuer.
Question 4: What should a notary do if they are asked to notarize a document that appears to be incomplete?
- Proceed with the notarization as long as the signature is present
- Refuse to notarize the document until it is completed (Correct answer)
- Complete the missing parts and then notarize the document
- Notarize the document with a note about its incomplete status
Correct answer: Refuse to notarize the document until it is completed
Notarizing an incomplete document is strictly prohibited because it creates a risk of unauthorized additions or alterations after the notarization, which could facilitate fraud. A notary must ensure that the document is complete in all relevant aspects before performing the notarial act. Refusing to notarize until completion maintains the integrity of the document and the notarial process.
Question 5: How should a notary handle a situation where a signer is unable to sign due to a disability, but someone else signs on their behalf?
- Notarize the document as if the signer had signed it themselves
- Witness the signature of the person signing on behalf of the signer and notate it in the journal
- Refuse to notarize the document unless the signer can physically sign it
- Have the person signing on behalf of the signer provide proof of their authority to do so (Correct answer)
Correct answer: Have the person signing on behalf of the signer provide proof of their authority to do so
When a signer is unable to physically sign, and another person signs on their behalf, the notary must verify the legal authority of the representative. This typically requires the representative to provide proof, such as a valid power of attorney, demonstrating their right to act for the principal. This step ensures the notarization is legally sound and protects against unauthorized actions.
HI Notary Ethical Dilemmas and Decision Making 1
If a notary is asked to notarize a document but suspects the signer is under duress, what should the notary do?