What if the signer appears confused?

Short answer

Stop. A notary must be satisfied that the signer is aware of what they are signing. If awareness is in doubt, decline and suggest the family speak with the document preparer or an attorney.

Full explanation

Notaries do not diagnose capacity, and no notary is qualified to. What a notary does assess is whether this person, right now, appears aware of the nature of the document and is acting willingly. Ask open-ended questions — never yes/no. "What are we signing today?" "Who did you choose to help with your finances?" If the answers do not track, the safest and most professional action is to decline.

Example

Asked what the document is, the signer says "I think it's for the television." The notary politely declines and explains that they can return another day.

Common mistake to avoid

Never let a family member answer the questions for the signer, and never continue because "she's fine, she's just tired."

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