In plain English
A notary looks for signs that someone is confused or pressured. If unsure, the notary can decline.
A notary does not make medical judgments.
Why it matters
A notarization can be challenged if the signer did not understand what they signed. Families sometimes rush to get a document signed for an ill relative, only for the notary to decline because the signer could not explain it.
Planning documents early, while the signer is alert, avoids that outcome.
Worked example
A signer cannot say what the document is for and seems unsure. The notary declines and suggests returning with a trusted advisor.
What to do
- Schedule the signing at a time of day the signer is most alert.
- Make sure the signer has had the document explained by the person who prepared it.
- Let the signer answer the notary's questions in their own words.
- Expect the notary to decline if the signer seems unable to understand.
- Contact the attorney about next steps if the signing does not proceed.
Common mistakes
- Scheduling right after medication that causes drowsiness can lead to a declined signing.
- Answering for the signer can make the notary doubt the signer's understanding.
- Expecting the notary to judge medical capacity misunderstands their role.
Not the same as: Willingness
Capacity is whether the signer understands the document, while willingness is whether they are signing by their own choice. See Willingness.
Go deeper
- Notarizing for a Signer Who Seems Confused or Pressured: How notaries assess awareness and willingness, what questions are appropriate, and when to stop an appointment because a signer may be confused or coerced.
- Signer Capacity and Willingness: Notary Questions: Notaries watch for awareness and free choice. Learn what questions they ask older signers, why they may decline, and how families can prepare.
- When a Notary Must Refuse a Notarization: A clear list of situations where a notary must or should say no: missing ID, absent signers, unwilling signers, blank pages, conflicts and more, with wording to use.
Related terms
- Certified copy: A copy that an official custodian certifies as true to the original.
- Certified translation: A translation with a signed statement from the translator that it is complete and accurate.
- Blank spaces in a document: Unfilled lines or fields in a document presented for notarization.
Common questions
What is a capacity?
A signer's ability to understand what they are signing and its effect.
Can you give an example of capacity?
A signer cannot say what the document is for and seems unsure. The notary declines and suggests returning with a trusted advisor.
What questions might the notary ask?
Simple questions such as what the document is and why they are signing it. The notary is not giving a medical test.
Can a doctor's letter help?
It may help the attorney or receiving office. The notary still needs to see understanding at the table.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.