What must a Notary do if a signer appears incapacitated?

When a signer appears incapacitated, the appropriate course of action for a Notary is to refuse to notarize until the signer is able to comprehend the document. This decision is grounded in the fundamental principle of ensuring that a notarial act is performed with the signer's voluntary consent and understanding. Notarization requires the signer to have the mental capacity to understand the nature and consequences of the document they are signing. If a Notary perceives that a signer is incapacitated, it raises concerns about whether the signer can truly understand what they are signing and whether they are acting willingly without any undue influence.

Proceeding with notarization when a signer is incapacitated, even if they have identification, fails to uphold the requirement that signers must be able to make informed decisions. Similarly, notarizing under duress—regardless of having a witness present—would not align with ethical and legal standards. Moreover, relying on a family member to confirm the signer's identity does not address the crucial aspect of the signer's capacity to understand the transaction, which is essential for a valid notarization. Hence, the refusal to notarize until the signer regains their ability to comprehend protects both the integrity of the notarization process and the interests of the signer.