What should a notary do when confronted with a request from someone who appears to be mentally incapacitated?

When a notary encounters a request from someone who appears to be mentally incapacitated, the appropriate action is to refuse to perform the notarial act. Notaries have a legal responsibility to ensure that signers are acting voluntarily and are mentally capable of understanding the nature of the transaction. If there is any indication of mental incapacity, proceeding with the notarization could lead to issues of validity and could result in legal consequences for the notary.

Refusing to notarize in such situations protects the integrity of the notarial process and ensures that individuals do not enter into agreements without fully comprehending the implications. Mental incapacity can affect a person’s ability to make informed decisions, and notaries must exercise their duty of care by safeguarding individuals from potential exploitation or harm. Thus, when faced with a situation where the signer's mental capacity is questionable, the more prudent choice is to decline to notarize the document.