What types of issues may a Notary encounter regarding the capacity of a signer?

A Notary's primary responsibility includes ensuring that individuals signing documents have the capacity to do so, which encompasses being mentally competent and not acting under duress. A signer must be able to understand the nature and impact of the document they are signing. Therefore, a Notary must be vigilant in assessing whether the signer is of sound mind and free from coercion.

When a signer appears before a Notary, the Notary should observe cues such as the signer's demeanor, clarity of thought, and overall responsiveness to assess their mental competency. If there are signs of confusion or coercion, the Notary should refrain from proceeding, as the validity of the document could be compromised if the signer lacks the necessary capacity.

While confirming the physical presence of the signer and understanding the terms of the document can also be important duties, they do not specifically address the issue of a signer's capacity in the same way that assessing mental competency and duress does. A Notary must prioritize evaluating whether the signer can comprehend the act of signing according to the legal standards, making the correct choice about capacity issues essential to their role.