My Duty as a Notary: Why “Wanting to Help” Isn’t Enough

By /

As a notary public, I often meet people during important moments in their lives – real estate transactions, powers of attorney, healthcare directives, and more. I genuinely want to help facilitate these processes smoothly and efficiently. However, my role carries a significant legal and ethical responsibility that sometimes requires me to make difficult decisions, even when it disappoints those involved.

Recently, I had an experience that underscored this crucial aspect of my duty. I was called to a home to notarize some documents for an elderly woman. Her daughter had arranged the appointment, explaining that the documents were for her mother. When I arrived and began speaking with the mother, it became evident that she was suffering from dementia.

I proceeded with my due diligence, asking the mother a series of questions to gauge her awareness and understanding of the document she was about to sign. Unfortunately, it quickly became clear that she did not comprehend the nature or implications of her actions. She struggled to recall her own name and couldn’t articulate her understanding of the document’s purpose.

This put me in a difficult position. The daughter was understandably eager to finalize the paperwork and was upset when I explained that I could not, in good faith, proceed with the notarization. I empathized with her situation and her desire to assist her mother. However, I had to explain the fundamental principle of notarization: the signer must be competent and understand the document they are signing.

The Law and Notarial Responsibility:

Notaries public in the United States are appointed by their state government and are obligated to adhere to specific laws and guidelines. A key aspect of this responsibility is to ensure the identity of the signer and their willingness and understanding of the transaction. This is often referred to as the “awareness” or “cognizance” of the signer.

If a notary knowingly notarizes a signature of someone who lacks the capacity to understand what they are signing, the notarization can be deemed invalid, potentially leading to legal challenges and significant complications down the line. My duty is to protect against fraud and undue influence, and notarizing the signature of someone who doesn’t understand the document would be a direct violation of that duty.

The Conflict Between Compassion and Obligation:

In situations like this, there’s often a strong pull of compassion. I genuinely wanted to help the daughter and alleviate any burden she might be facing. It’s never easy to disappoint someone, especially when they are navigating challenging circumstances.

However, my legal and ethical obligations as a notary must take precedence. “Wanting to help” cannot supersede the requirement for the signer to be aware and understand the document. To proceed with the notarization in this situation would have been irresponsible and potentially harmful.

Key Takeaway:

This experience serves as a reminder that notarization is more than just a stamp and a signature. It’s a verification process that relies on the signer’s capacity and understanding. While I always aim to provide helpful and efficient service, my primary responsibility is to uphold the law and ensure the integrity of the notarized documents.

I understand that this can be frustrating for individuals and families dealing with cognitive decline. It highlights the importance of addressing legal and financial matters while all parties involved have the full capacity to understand and make informed decisions.

If you are facing similar situations, it’s crucial to consult with legal professionals to explore alternative solutions and ensure that your loved ones’ wishes are properly addressed while respecting legal requirements.

80 thoughts on “My Duty as a Notary: Why “Wanting to Help” Isn’t Enough”

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top