In a situation where a signer has a legal disability, what is a notary expected to do?

In the context of notarizing documents for signers with a legal disability, the correct approach involves following specific procedures for accommodating disabilities. Notaries must uphold ethical standards and ensure that the individual who is signing the document can do so with an understanding of the act.

When a signer has a legal disability, such as a physical or mental impairment, the notary is expected to take extra precautions to ensure the process is inclusive and fair. This often involves verifying that the signer understands the nature of the document being executed and providing necessary assistance, all while adhering to state laws regarding notarization and disabilities. It may also include ensuring the signer is able to communicate their intent to sign, possibly needing the presence of a guardian or a witness, but this varies by jurisdiction.

Options that suggest notarizing without considering the signer's disability, requiring a guardian to sign in all cases, or skipping the notarization entirely do not recognize the need for thoughtful engagement with the individual’s specific circumstances and rights. Therefore, recognizing and accommodating legal disabilities is essential for the ethical practice of notaries.