Key Takeaways
- A notary MUST refuse if identity cannot be satisfactorily established
- A notary MUST refuse if the signer appears coerced or impaired
- A notary has discretion to refuse for reasonable concerns
- Document the refusal in your journal
- Refusal protects the notary from liability
Last updated: January 2026
Refusing to Notarize
Knowing when to refuse a notarization is as important as knowing how to perform one. Pennsylvania notaries are expected to exercise judgment and refuse improper notarizations.
When You MUST Refuse
| Mandatory Refusal | Reason |
|---|---|
| Cannot verify identity | Fundamental requirement |
| Signer not personally present | Violates RULONA |
| Document incomplete | Blank spaces to fill later |
| Notarizing own signature | Prohibited |
| Financial interest in transaction | Conflict of interest |
| Signer appears coerced | Lack of willingness |
When You SHOULD Refuse
| Discretionary Refusal | Reason |
|---|---|
| Signer appears impaired | Competence concern |
| Signer doesn't understand document | Awareness issue |
| Something seems "off" | Trust your instincts |
| Signer rushed or pressured | May be coerced |
| Document appears fraudulent | Fraud concern |
| Signer cannot communicate | Cannot establish willingness |
Signs of Coercion
Watch for these warning signs:
| Warning Sign | Possible Meaning |
|---|---|
| Third party answers for signer | Signer may be controlled |
| Signer appears nervous/fearful | May be pressured |
| Third party won't leave signer alone | Control situation |
| Signer contradicts earlier statements | Possible coaching |
| Signer doesn't understand purpose | May not be voluntary |
Signs of Impairment
| Warning Sign | Concern |
|---|---|
| Slurred speech | Possible intoxication |
| Confusion about date/location | Mental impairment |
| Cannot answer basic questions | Cognitive issue |
| Glazed/unfocused eyes | Possible substance influence |
| Extreme drowsiness | Medication or illness |
Proper Refusal Procedure
Step 1: Explain Your Decision
Politely explain why you cannot proceed:
"I'm not able to notarize this document because..."
Step 2: Do NOT Provide Legal Advice
Don't explain legal consequences or suggest alternatives.
Step 3: Document the Refusal
Make a journal entry noting:
- Date and time
- Document type
- Reason for refusal
- Names of parties involved
Step 4: Suggest Alternatives (If Appropriate)
- Suggest they return with proper ID
- Suggest they seek another notary
- Do NOT recommend legal actions
Protecting Yourself
| Action | Benefit |
|---|---|
| Document refusals | Creates evidence of judgment |
| Be consistent | Reduces discrimination claims |
| Trust your instincts | Avoid liability |
| Stay professional | Maintain reputation |
Liability for Improper Notarizations
| Consequence | Impact |
|---|---|
| Civil lawsuit | Personal liability for damages |
| Bond claim | Up to $10,000 claim |
| Commission revocation | Loss of notary status |
| Criminal prosecution | Fraud or forgery charges |
On the Exam
- Cannot verify identity: MUST refuse
- Signer not present: MUST refuse
- Appears impaired: SHOULD refuse
- Appears coerced: MUST refuse
- Document refusal: In journal
Test Your Knowledge
A signer appears confused and cannot state the current date. What should the notary do?
A
B
C
D
Test Your Knowledge
A third party insists on staying with an elderly signer and answers questions for them. What should the notary do?
A
B
C
D
Test Your Knowledge
What should a notary do after refusing to notarize a document?
A
B
C
D