Identification, Appearance, and Capacity of Signers
The notary must first establish personal appearance: the signer must be physically present before the notary at the time of the act. Appearance by video, phone, or through a representative is insufficient unless the jurisdiction has expressly authorized remote online notarization with its specific safeguards. Appearance is the foundation; without it, no amount of documentation cures the defect.
Identification follows. Acceptable methods typically include a government-issued photo identification that is current or recently expired, personal knowledge of the signer, and credible identifying witnesses or oath-based alternatives where statute allows. The notary should compare the photo, name, and physical description, check expiration, and record the identification type and number in the journal where required. Traps include accepting an expired or photocopied ID, relying on a single credible witness when the statute requires two, and failing to record the ID details.
Capacity and willingness are separate inquiries. The notary must confirm that the signer appears to understand the nature of the act and is signing voluntarily. The notary does not adjudicate legal competence or diagnose impairment; the standard is whether the signer appears aware and free from duress. Red flags include confusion about the document, another person answering questions, signs of coercion, or a signer who cannot communicate. The notary should slow down, ask open questions, and decline if not satisfied.
Rule of thumb: presence, identity, willingness, and understanding, in that order. Worked example: a daughter brings her father, who is silent and looks to her before every answer; the notary separates them, asks the father directly about the document, and, finding he cannot explain it, declines the act and documents the refusal.