If a party appears to be incompetent, which action aligns with notary guidance?

• A. Advise the party to go to an attorney
• B. Seek counsel from the notary's own attorney
• C. Proceed with notarization as usual
• D. Decline to notarize

Answer: (A)

When a signer appears to be incompetent, a notary should not attempt to notarize or interpret the document for them. The proper move is to direct them to obtain independent legal advice because a lawyer can assess capacity, explain the document’s implications, and ensure the signer understands what they’re signing. Notaries are not allowed to give legal advice, so guiding the person to an attorney protects both the signer and the notary from potential mistakes or liability.

Advise the party to go to an attorney aligns with this approach by directing them to the appropriate professional who can handle capacity issues and legal questions.