Notaries play an important role in protecting the integrity of legal and financial transactions. While we are public officials commissioned to serve the public, there are situations where a notary must or should refuse to perform a notarization. Doing so ensures compliance with the law and safeguards all parties involved.

Below are three of the most common scenarios where refusal is not only allowed but required.

1. Evidence of Fraud or Coercion

If you suspect that the transaction involves fraud, duress, or coercion, you must stop the notarization. For example:

• A signer is being pressured to sign documents against their will.
• The documents appear altered or suspicious.
• The signer does not understand what they are signing and someone else is trying to push them into it.

A notary’s role is to deter fraud, not enable it. If you have reasonable doubts, it is your duty to refuse.

2. Lack of Proper Identification

A cornerstone of notarization is verifying the signer’s identity. If a signer cannot provide acceptable identification as required by state law, the notarization cannot proceed. Examples include:

• The signer presents expired or invalid ID.
• The ID does not match the name on the document.
• The signer refuses to provide ID altogether.
• The signer cannot provide credible witnesses or alternate forms of identification that state law may allow.

Without reliable identification, the notary cannot fulfill their responsibility to confirm the signer’s identity.

3. Signer Is Not Competent or Aware

A notary must confirm that a signer is competent and understands what they are signing. You should refuse notarization if:

• The signer appears confused, disoriented, or unable to communicate clearly.
• The signer is under the influence of drugs, alcohol, or medication impairing their awareness.
• You believe the signer lacks the mental capacity to understand the transaction.

Competency is essential to protect the signer’s rights and to ensure the document will stand up to legal scrutiny.

Final Thoughts

Refusing a notarization can feel uncomfortable, but it is a notary’s responsibility to uphold the law and protect the public. If you must refuse:

• Politely explain your reasoning to the signer.
• Document the refusal in your notary journal, if required in your state.
• Encourage the signer to resolve the issue, such as obtaining proper ID, before attempting again.

Remember: A notary’s credibility rests on impartiality, diligence, and integrity. Saying “no” when the law or circumstances demand it is part of what makes you a trusted public official.