What action must a notary take if they suspect a signer is under duress?

Prepare for the Guam Notary Exam with comprehensive review questions. Use flashcards and multiple choice questions, complete with explanations and hints. Ensure you're exam-ready with our practice tool!

When a notary suspects that a signer is under duress, the appropriate action is to refuse to notarize the document. This is because the primary responsibility of the notary is to ensure that the signer is acting voluntarily and understands the contents of the document being notarized. Duress can compromise the integrity of the transaction, potentially leading to the signing being invalid or contested in the future.

If a notary proceeds with the notarization despite suspicion of duress, they may be facilitating an act that is not truly reflective of the signer's intentions. By refusing to notarize in such situations, the notary maintains the ethical standards of their role and protects themselves from potential liability.

Options that involve proceeding with the notarization or contacting law enforcement do not address the immediate concern of ensuring the signer's freedom to act. While documenting the incident, such as through a witness statement, may be useful, it does not replace the essential step of not proceeding when duress is suspected. Therefore, the most responsible action is to refuse to notarize the document under those circumstances.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy