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What should be done if a notary suspects a signer is being coerced?

The notary should refuse to notarize the document.

When a notary suspects that a signer is being coerced, the appropriate action is to refuse to notarize the document. This response is grounded in the notary's duty to ensure that the signer is acting voluntarily and understands the implications of the act of signing. Coercion undermines the validity of the notarial act, as it indicates that the signer may not be acting of their own free will.

By refusing to notarize, the notary protects both the integrity of the notarial process and the rights of the signer. A notary who proceeds with the notarization despite concerns of coercion not only risks legal repercussions but also compromises their ethical responsibilities.

While gathering witnesses or contacting law enforcement may seem like proactive steps, those actions are not the primary responsibility of the notary. The focus should remain on the notarial act itself and ensuring it is performed in a fair and consensual manner.

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Proceed with the notarization to avoid conflict.

Ask other witnesses to confirm the signer's intent.

Contact law enforcement immediately.

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