Utah Notary Practice Test

What action should a notary take if a signer appears intoxicated?

1. Proceed with the notarization

2. Refuse to notarize the document

3. Require a witness to sign

4. Call law enforcement

The correct answer is: Refuse to notarize the document

When a signer appears intoxicated, the appropriate action for a notary is to refuse to notarize the document. This is based on the fundamental requirement that a notary must ensure that the signer is competent and able to comprehend the nature of the transaction being conducted. Intoxication can impair judgment and understanding, which raises concerns about the signer's ability to provide informed consent. By refusing to proceed with the notarization, the notary protects both the integrity of the notarial act and the interests of the signer. It is essential for notaries to uphold their responsibilities and ensure that all parties involved in a transaction are acting of sound mind. In cases where a signer is intoxicated, proceeding with notarization could lead to legal and ethical ramifications, potentially invalidating the notarized document and exposing the notary to liability. The other options, while they may seem relevant in certain contexts, do not address the primary responsibility of ensuring the signer's competency. Requiring a witness might not adequately address the issue of intoxication, while calling law enforcement would be an extreme response unless there are additional concerns about safety or legality. Therefore, the most responsible action is to refuse the notarization altogether.