Undue Influence

Establishing that a signer’s willingness and awareness to sign a document without improper influence is an essential part of a Notary’s duties. But sometimes understanding the nuances of ‘improper influence” can be confusing. Take the quiz below and test your knowledge.

1. Influence over a signer can include a third party:
A. Yelling at or threatening the signer
B. Answering questions on the signer’s behalf
C. Physically guiding the signer’s hand to sign a document
D. All of the above

2. Influencing a signer is acceptable when:
A. the signer is unable to speak
B. the signer can’t make up his mind
C. influencing a signer is never acceptable
D. only a close relative is allowed to influence a signer

3. If a third party appears to be improperly influencing a signer, the Notary may wish to speak to the signer:
A. with an attorney present
B. without the third party present
C. in a different language
D. by telephone

4. True or False. No one — including the Notary — should attempt to influence a person to sign or not sign a document during a notarization.

5. True or False. A signer over the age of 70 may not request or complete a notarization unless a qualified caregiver is present to prevent undue influence.

Click here to read the answers.