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What action should a notary take if approached to notarize an expired document?

  1. Proceed with the notarization

  2. Consult with legal counsel

  3. Refuse to notarize the document

  4. Notarize it but advise against it

The correct answer is: Refuse to notarize the document

The correct action for a notary when approached to notarize an expired document is to refuse to notarize the document. Notaries have a responsibility to ensure that all documents they notarize are valid and meet legal requirements. An expired document may not carry the intended legal weight or effect and notarizing it could lead to potential legal repercussions for both the notary and the individuals involved. By refusing to notarize an expired document, the notary upholds their ethical and legal obligations. This helps to prevent issues that could arise from endorsing a document that may no longer be valid, ensuring that all parties are protected from potential legal complications that might result from such an act. Consulting with legal counsel can sometimes be appropriate if a notary is unsure about a situation; however, the fundamental principle regarding expired documents is clear, making refusal the most straightforward and correct response. Proceeding to notarize it, or doing so while advising against it, would not align with the notary's duty to ensure that all documents are current and enforceable.