When you notarize a customer’s signature, the customer must sign the document willingly, without being forced to do so. But determining a signer’s willingness can be tricky, especially when pressure comes from a relative or caregiver. These clues can help you tell if a signer is willing or being forced against their will to sign.
Look for warning signs during the notarization
There are a number of steps you can take to help make the proper judgment call:
Observe the signer’s behavior: Do they appear to be distraught, severely withdrawn, excessively nervous, or fearful? Is the signer acting particularly hesitant or distracted? Are you able to pinpoint the reason for their discomfort?
Observe the surroundings: Watch the behavior of others in the room, especially if they have a vested interest in the documents being signed, such as a power of attorney or real property deed. Does someone nearby — a family member, business partner or caregiver — seem to be making the signer uncomfortable? Are they intimidating the signer, or pressuring the person to sign even when the signer appears reluctant?
Speak privately with the signer: If you feel the signer is being pressured by others in the room, ask to be left alone to speak privately with the signer. Observe if the signer’s behavior changes, or if they continue to hesitate.
Ask direct questions: If in doubt, don’t be afraid to ask directly: “Are you signing this document of your own free will?” This gives the signer a chance to speak the truth.
Make eye contact: A signer’s ability to look you in the eyes may be telling. However, a lack of eye contact alone isn’t a sufficient reason to be suspicious.
Don’t rush to judgment: Take into account all the circumstances of the signing. Indications of worry, fear or timidity may not necessarily be the result of coercion. The signer may simply be concerned about the documents or circumstances surrounding the transaction. Consider the possible emotional impact before making a judgment.
What to do if your signer appears unwilling or coerced
If, after going through these steps, you have reason to believe the signer is being pressured into signing against his or her wishes, you should refuse to complete the notarization.
Grounds for refusing a notarization vary between states:
Florida does not allow notarizing if the signer appears incapable of understanding the nature of the document at the time of notarization.
Georgia permits Notaries to refuse a notarization if the Notary feels that the signer is being coerced.
Massachusetts specifically prohibits Notaries from performing notarizations in which they have a compelling doubt that the signer is acting of his or her own free will.
Mississippi and New Mexico allow Notaries to refuse a notarization if the Notary is not satisfied the signer is voluntarily signing.
Texas authorizes Notaries to turn down a notarization if the Notary has reasonable grounds to believe the signer is being coerced or the signing party does not have the capacity to understand the contents of the document.
In North and South Carolina, the Notary certifies that the signer did not appear to be acting involuntarily, under duress or undue influence. Thus, if a signer appears unwilling to sign, North and South Carolina Notaries should refuse the notarization.
States that have adopted the Revised Uniform Law on Notarial Acts (RULONA), (including Iowa, Montana, North Dakota, Oregon and West Virginia), give Notaries the ability to refuse to perform a notarization if they are not satisfied that the signer is willing to sign of their own accord.
If your state does not provide specific guidelines regarding signer willingness, the Notary Public Code of Professional Responsibility, Article III-C-1, provides the following recommendation: “The Notary shall not perform a notarial act if the Notary has a reasonable belief which can be articulated that the principal or witness identifying the principal, if any, is being coerced, threatened, intimidated, or otherwise unduly influenced into acting against his or her will or interest.”
If you have questions about the signer’s willingness, make a note in your Notary journal of the steps you took to decide whether to perform the notarization.
If you do not keep a journal, document your reason and the steps you took to make your decision.
One final word on notarization safety
If you feel you may be in imminent danger if you refuse a notarization, you should complete it and then report the situation immediately afterward to your local law enforcement.
Related Articles:
Notary Basics: Determining a signer’s awareness
Additional Resources:
NNA Hotline