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If a notary believes a signer has been coerced, what should they do?

  1. Notarize the document anyway

  2. Bring in a second notary

  3. Refuse to notarize the document

  4. Document their concerns

The correct answer is: Refuse to notarize the document

The correct response in this situation is to refuse to notarize the document. A notary's responsibility is to ensure that the signer is acting voluntarily and understands the document they are signing. If there is any indication that the signer has been coerced, it compromises the validity of the notary's role and the integrity of the notarization process itself. Notarizing a document under coercion can leave the notary liable for any legal issues that arise from the notarized document later. The notary must protect their own ethical standards and the legal process by ensuring that all signers are doing so willingly and without undue influence. While documenting concerns may seem like a responsible action, it does not address the immediate requirement to ensure a voluntary and informed signing process. Bringing in a second notary does not mitigate the initial concern regarding coercion. Likewise, proceeding with the notarization regardless of suspicion of coercion would undermine the notary’s duties and could lead to serious legal implications. Thus, the most appropriate action is to refuse to notarize the document.