There was a time when we were not to notarize documents with the verbiage of “being of sound mind”. I’ve asked others with no confirming answer. Is this verbiage that we can notarize or witness, especially when it comes to wills, living wills and POAs? — J. L., South Carolina
Yes, you may complete those forms as long as you make the determination that the person is “of sound mind.” Regardless, there is a South Carolina Notary law which states the following: “By making or giving a notarial certificate, regardless of whether it is stated in the certificate, a notary certifies that … if the notarial certificate is for an acknowledgment or the administration of an oath or affirmation, the person whose signature was notarized did not appear in the judgment of the notary to be incompetent, lacking in understanding of the nature and consequences of the transaction requiring the notarial act, or to be acting involuntarily, [under] undue duress, or [under] undue influence …” (SCC 26-1-120[B][2]). Therefore, you always have the duty of checking the mental state of the person for whom you perform one of these notarial acts.
Guidelines for other states may vary. For more information on rules on procedures in other states, please see our article on how Notaries can determine signer awareness.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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