What if the person signing is mentally incapacitated?

What if the person is usually mentally competent, but is medicated at the time of the notarization, or what if a family member says the person is "in and out" of lucidity due to Alzheimer's disease or some other mentally debilitating ailment?

When performing any notarization, the Notary must question the signer to determine that he or she is willing and competent to execute the document.

The Governor’s Notary Section provides these guidelines for Notaries to follow.

■ The notary may want to have an impartial witness for the notarization.

■ When asked to go to a hospital or nursing home to provide services, the notary will check with the patient's nurse or doctor prior to notarization.

■ The notary will talk to the person alone. Ask questions unrelated to the notarization. Ask for his name, home address, and telephone number. The notary could also engage the person in a conversation about his family, his occupation, a television program, a recent news event, etc.

■ Ask the signer to tell you about the document to be notarized.

What kind of document do you need to sign?

Have you read the document completely?

Do you understand the document?

Do you need someone to explain the contents of the document to you?

Has anyone pressured you to sign this document?

■ If the notary feels the person is mentally competent at the time, the notary will proceed. If in doubt, the notary will refuse.

■ In the Notary’s journal, the notary will document the special circumstances of this notarization - even if the notary must refuse to notarize.

■ Have the witness sign the notary journal.