Under what circumstances can a notarial officer refuse to perform a notarial act?

A notarial officer can refuse to perform a notarial act if the individual lacks the capacity to execute the record. This means that if a person is unable to understand the nature of the transaction or the consequences of their actions, the notary is obligated to decline the notarial service. The notary's role is to ensure that the individual is competent, providing informed consent and acting of their own volition. Notaries must maintain the integrity of the notarial process, which includes the capability of the signer to comprehend and fulfill the requirements of the document.

The other circumstances mentioned do not warrant a refusal to perform a notarial act to the same extent. For example, not wearing a mask may be a health and safety consideration but does not affect the individual's legal capacity. Language barriers can often be addressed through an interpreter, and the notary can still proceed with the appropriate accommodations. If a record is not presented correctly, such as missing a required signature or identification, these issues can often be resolved rather than serving as a straightforward reason to refuse the notarization outright.