Which statement best describes the recommended approach when there is doubt about a signer's competence?

• A. Proceed with notarization
• B. Ask unrelated questions to assess competence
• C. Consult with the signer's attorney
• D. Refuse to notarize under all circumstances

Answer: (B)

When there’s doubt about a signer’s competence, the notary should pause and seek professional input rather than proceed. The appropriate step is to consult with the signer’s attorney, who can assess capacity and advise whether the signer truly understands the document and is signing knowingly. Notaries aren’t responsible for judging mental capacity themselves, and a lawyer’s guidance helps ensure the signing is valid and protects everyone involved. Do not use unrelated questions to gauge competence, as that provides unreliable evidence and can be inappropriate. Refusal to notarize isn’t necessary in every case if a lawyer can confirm competence; but if uncertainty remains after consulting counsel, postponing or declining the notarization is prudent.