Is a notary required to verify the mental capacity of a signer?

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A notary's role involves ensuring that the signer is willing and able to enter into the agreement as it is being signed, which includes assessing their mental capacity at a basic level. The correct answer highlights that while a notary is not required to conduct a detailed examination of the signer's mental capacity, they must observe whether the signer appears mentally competent during the signing process. This means that the notary should look for signs of confusion, incoherence, or inability to understand the nature of the document being signed.

If the notary has any doubts about the mental competence of the signer, it is prudent to refuse to perform the notarization. This approach protects both the notary and the integrity of the notarized document. In contrast, the other options impose a level of scrutiny or a lack of responsibility that is not aligned with the duties of a notary. The emphasis is on a reasonable observation rather than an exhaustive assessment, which is why this answer is accurate.

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