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Can a notary take an acknowledgment from a person they know to be incapacitated?

  1. Yes, if they are legally represented

  2. No, that is not allowed

  3. Only with a family member present

  4. Yes, if the incapacitated person can communicate

The correct answer is: No, that is not allowed

The correct understanding is that a notary cannot take an acknowledgment from a person they know to be incapacitated. This stems from the premise that for a notary to perform their duties, the signer must be able to understand the act of signing and the content of the document. When a person is incapacitated, they lack the mental ability to understand the implications of their actions, which is a critical requirement for any legal acknowledgment. The role of a notary is to ensure that the person is signing voluntarily and comprehending what they are signing. Acknowledging a document requires a degree of competence and awareness that an incapacitated person does not possess, making their acknowledgment invalid. Options that suggest the presence of a family member or legal representation does not alter the requirement for the individual to have the necessary capacity to understand what they are doing. Thus, the essence of the notary's responsibilities and the validity of the acknowledgment process is compromised when dealing with individuals who are incapacitated.