Key Takeaways
- Notaries should be alert to signs of elder abuse or undue influence
- Signs include confusion, reluctance, another person controlling the situation
- Notaries may refuse to notarize if they suspect coercion
- California law allows notaries to report suspected abuse
- Protecting vulnerable adults is an important notary responsibility
Elder Abuse Prevention
An 85-year-old woman sits in your office. Her nephew stands behind her, hand on her shoulder. You ask, "Do you understand what this document does?" Before she can speak, the nephew answers: "Yes, she understands. She wants me to have control of her finances." The woman hasn't said a word. She stares at her lap.
This is what elder abuse looks like. You may be this woman's last line of defense.
California notaries are uniquely positioned to detect and prevent financial exploitation of elderly and vulnerable adults. Important documents—powers of attorney, deeds, banking forms—often cross notary desks. Your awareness can save someone's life savings.
What Is Elder Abuse?
| Type of Abuse | Description |
|---|---|
| Financial exploitation | Unauthorized taking or use of an elder's money or property |
| Undue influence | Excessive persuasion that overcomes the victim's free will |
| Fraud | Deception to obtain money, property, or signatures |
| Coercion | Use of threats, intimidation, or force |
| Neglect | Failure to provide care (may relate to conservatorship docs) |
Why Notaries Are Key
| Reason | Explanation |
|---|---|
| Present for important documents | POA, deeds, trusts often require notarization |
| Objective observer | Can see dynamics others miss |
| Neutral party | Not invested in the transaction outcome |
| Legal training | Understand document implications |
| Duty to verify | Must confirm signer's willingness |
Warning Signs: Know Them Cold
Signs in the SIGNER
| Red Flag | What It May Mean |
|---|---|
| Confusion about the document | May not understand what they're signing |
| Cannot explain what it does | Lack of capacity or understanding |
| Appears frightened or nervous | May be under threat |
| Reluctant to proceed | Being pressured |
| Looks to companion before answering | Not making own decisions |
| Gives inconsistent answers | Confusion or coaching |
| Says "I don't want to do this" | RED ALERT - STOP |
Signs in the COMPANION
| Red Flag | What It May Mean |
|---|---|
| Answers for the signer | Controlling behavior |
| Won't allow private conversation | Hiding something |
| Pressures to hurry | Wants to avoid detection |
| Becomes angry or agitated at questions | Fear of exposure |
| Insists on being present at all times | Exercising control |
| Appears to be the main beneficiary | Financial motive |
| Recently appeared in elder's life | Opportunistic relationship |
Situational Red Flags
| Red Flag | What It May Mean |
|---|---|
| Sudden changes to estate plans | Manipulation |
| New POA naming unfamiliar person | Exploiter gaining control |
| Large transfers to "caretaker" | Financial exploitation |
| Elder appears isolated from family | Predator isolating victim |
| Rush to complete before family arrives | Fear of intervention |
Your Response Options
When you suspect abuse, you have several options:
| Option | When to Use |
|---|---|
| Ask for private conversation | First step—speak with signer alone |
| Ask clarifying questions | "What does this document do?" |
| Slow down the process | "Let's take a break and review this" |
| Decline to notarize | If concerns aren't resolved |
| Document observations | Record in journal, even if you don't proceed |
| Report to authorities | If you believe abuse is occurring |
Sample Private Conversation Questions
| Question | What You're Assessing |
|---|---|
| "In your own words, what does this document do?" | Understanding |
| "Is this something you want to do?" | Willingness |
| "Has anyone pressured you to do this?" | Coercion |
| "Do you have your own attorney?" | Independent counsel |
| "Would you like more time to think about this?" | Freedom from pressure |
Your Right—and Duty—to Refuse
You have the absolute right to refuse any notarization if:
| Situation | Right to Refuse |
|---|---|
| Signer doesn't appear to understand | ✓ YES |
| Signer appears coerced | ✓ YES |
| Signer cannot communicate directly | ✓ YES |
| Something "feels wrong" | ✓ YES |
| Companion is controlling | ✓ YES |
Key point: You are NEVER obligated to notarize. No one can force you to proceed.
Reporting Resources
If you suspect elder abuse, you can report to:
| Resource | When to Use |
|---|---|
| Adult Protective Services (APS) | Suspected abuse of elder/dependent adult |
| Local police | Suspected criminal activity |
| Long-Term Care Ombudsman | Issues in care facilities |
| State Bar | If an attorney is involved in the abuse |
Immunity: California law protects notaries who report suspected abuse in good faith from civil and criminal liability.
Document Everything
Even if you don't proceed, document in your journal:
| Document | Details |
|---|---|
| Names present | All parties, including companions |
| Behavior observed | What you saw and heard |
| Why you declined | Specific concerns |
| Any statements made | Quotes from signer or companion |
This documentation may be critical evidence in future legal proceedings.
On the Exam
Expect 2-3 questions on elder abuse. Key points tested:
- Warning signs: Confusion, reluctance, companion answering, control
- Right to refuse: You CAN refuse if you suspect coercion
- Private conversation: Ask to speak with signer alone
- Not your job: To determine if abuse is actually occurring—just to recognize signs
- Reporting: You may report to Adult Protective Services; immunity protects you
What should a notary do if they suspect an elderly signer is being coerced?
Which is a warning sign of potential elder abuse during a notarization?
Can a notary refuse to notarize if they suspect the signer is being exploited?