Before notarizing, a Notary should always ensure which aspect of the signer?

A Notary Public has a critical responsibility to ensure the signer’s willingness and awareness before proceeding with the notarization process. This aspect is vital for several reasons. First, it is essential that the signer is acting of their own free will and is not under any duress or coercion when signing the document. This protects not only the integrity of the notarization but also helps to uphold the legality of the document itself.

Moreover, the signer must be aware of the nature of the document they are signing and its implications. This awareness ensures that the signer understands what they are committing to, which in turn contributes to the validity and enforceability of the document. The Notary must assess that the signer appears to be of sound mind and capable of understanding the act of signing.

The other aspects, while they may be important in specific contexts (like the relationship to the document or the location), do not directly address the fundamental requirement of ensuring that the signer is willing and fully aware of the transaction they are undertaking. The presence of witnesses can also be relevant in certain situations, but it does not substitute the need for the Notary to confirm the signer’s voluntary consent and understanding of the signing process.