Identity Verification, Capacity, and Willingness Assessment
Satisfactory evidence
Identity may be established by the notary’s personal knowledge or satisfactory evidence: a current government-issued photo ID with a unique identifier, or a credible witness who personally knows the signer and the notary. The notary must compare the name on the ID to the document, check the photo and expiration, and record the ID details.
Capacity and willingness
The signer must understand the nature and effect of the act and act voluntarily. The notary should observe orientation, communication, and freedom from coercion. If the signer is confused, cannot communicate, or appears pressured, the notary should pause, ask open questions, and refuse if not satisfied. The notary does not diagnose incapacity; the notary documents observations and declines when willingness or understanding is doubtful.
Worked example
An elderly signer arrives with an adult child who answers every question. The signer cannot state what the document is and looks to the child for approval. The notary should separate the signer from the influencing person, ask simple questions, and if the signer still cannot explain the act or express willingness, refuse the notarization. A refusal is not a finding of incapacity; it is a finding that the statutory conditions were not met.
Traps
Accepting an expired ID, a photocopy, or an ID with a different name without explanation; letting an agent sign for the principal absent a valid power of attorney; equating a signature with willingness; and failing to note the ID type and number.