How does a notary determine a signer's competency?

To determine a signer's competency, a notary assesses the individual's mental capacity and sobriety. Competency is defined as the signer's ability to understand the nature of the transaction and to make a voluntary decision regarding the document being signed.

A notary must ensure that the signer is of sound mind, meaning they comprehend what they are signing, and is not under the influence of drugs or alcohol, which could impair their judgment. This assessment often occurs in the context of a notarization when the notary interacts with the signer, observes their behavior, and asks them a few questions to gauge their understanding and awareness.

Simply reviewing identification does not guarantee that the signer is competent; it only verifies their identity. Checking for prior notarizations or witnessing a signing of a previous document also does not provide insight into the current mental state or sobriety of the signer. Therefore, the comprehensive assessment of mental capacity and sobriety is crucial in establishing that a signer is competent to execute a document.