What is ‘Mental Capacity’?

Notaries are not legally qualified to determine whether a signer has the mental ability to understand the contents of a document and the consequences of signing it. However, professional standards do require that notaries make a layman’s judgment about the signer’s capacity before proceeding with a notarization.

Notaries are responsible for evaluating whether the signer appears coherent and aware. If a signer exhibits signs of confusion, incoherence, or if family members are pressuring them to sign despite indications that they may be unwilling or unable to do so, the notary may decide to decline the notarization. Situations like this are common in hospitals, nursing homes, or rehabilitation centers. In these cases, it’s up to the notary’s discretion to assess the situation. Notaries should be cautious, ensuring that their assessment is limited to the capacity to understand the document and not other factors such as difficulty speaking or seeing.

As Certified Notary Trust Delivery Agents, we approach each situation with patience and compassion, prepared to handle various communication challenges. However, if we determine that a signer is not capable of understanding the document, we must make the difficult decision to decline service, and note so in our log.