Illinois Notary Primer Practice Exam

Are notaries required to confirm a signer's legal capacity to sign?

1. Yes, it is a requirement

2. No, that is not necessary

3. Only if the signer looks uncertain

4. It depends on the document

The correct answer is: Yes, it is a requirement

Notaries are indeed required to confirm a signer's legal capacity to sign a document. This means that before notarizing a signature, a notary must ensure that the signer is competent to understand the nature of the transaction and is not under duress or influenced by any factor that might impair their ability to consent. This requirement is critical because the notary's primary role is to protect the integrity of the notarized document and to ensure that the signer is fully aware of what they are signing. By confirming legal capacity, notaries fulfill their duty to prevent fraud and coercion. This includes assessing whether the signer is mentally competent and ensuring that they are not fulfilling the signature under any form of undue pressure. The notary's verification of legal capacity helps maintain the legitimacy of the document and the notarial act itself, thereby upholding public trust in the notary's role in legal transactions.