What must a notary do if they suspect a signer is under duress?

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If a notary suspects that a signer is under duress, the appropriate action is to refuse to notarize the document. This is based on the principle that notarization requires that the signer be acting freely and voluntarily. Duress implies coercion or pressure, undermining the integrity of the signer’s consent and the trust required in the notarization process.

By refusing to notarize when there is a suspicion of duress, the notary upholds their duty to ensure that all signers are making informed and voluntary decisions without outside pressure. This protects not only the notary's legal responsibilities but also the validity of the document itself, which could be challenged if there are grounds to believe that the signer did not act freely.

The other options, such as completing the notarization anyway, asking the signer to return later, or consulting a legal professional before proceeding, do not address the immediate concern of potential duress and could lead to legal implications for the notary if the document is later found to be invalid due to the circumstances of the signature. Thus, refusing to notarize is the most responsible and ethically sound action to take.

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