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What should a Notary do if they suspect a signer is intoxicated?

  1. Proceed with the notarization

  2. Call law enforcement

  3. Refuse to perform the notarization

  4. Ask the signer to take a breathalyzer test

The correct answer is: Refuse to perform the notarization

When a notary suspects that a signer is intoxicated, the most appropriate action is to refuse to perform the notarization. This is crucial because a notary has the responsibility to ensure that all signers are competent and capable of understanding the nature of the document they are signing. Intoxication can impair judgment and decision-making ability, which means the signer may not fully comprehend what they are signing or the implications of their signature. By refusing to notarize in this situation, the notary is acting in accordance with the ethical standards and legal obligations that govern notarial practices. Proceeding with the notarization or asking the signer to take a breathalyzer test does not address the issue of the individual’s ability to understand the document. These actions may expose the notary to legal liability or lead to challenges regarding the validity of the notarized document. Calling law enforcement may be unnecessary and could escalate the situation without resolving the core issue of the signer's competency. Therefore, the decision to refuse notarization is not only responsible but also protects the integrity of the notarial process.