Prevent Fraud & Exploitation

Question 1

Establishing willingness and competence is important because

Answer 1

Risk for fraud or financial exploitation

Question 2

What is:
On the rise
Under-reported
Fastest-growing form of elder abuse

Answer 2

Financial exploitation

Question 3

Financial exploitation is

Answer 3

improper use of someone else’s resources

Question 4

You can prevent financial exploitation by

Answer 4

Being alert to transactions that may include fraud
Control the process
Report substantial concerns

Question 5

Financial exploitation can happen

Answer 5

Without a signer’s knowledge or consent
When a signer is tricked, influenced, or coerced
When a signer is impaired

Question 6

If you have concerns about the willingness or competence of the signer you must

Answer 6

Refuse to notarize

Question 7

What to watch out for

Answer 7

Do they know what they’re signing?
Do they know why?
What is the intention of the document?
Are they being intimidated?
What is the dynamic between the signer and the person(s) with them?
Are they being pressured to sign?
Is there an atmosphere of urgency?
Are they doing all of the talking for the signer?
Is the signer actively participating in the conversation or do they seem disengaged?
Does the signer seem unhappy, confused, or frightened?

Question 8

Can you send everyone out of the room so you can speak to the signer directly?

Answer 8

Yes

Question 9

Should you make small talk?

Answer 9

Yes, it can help to ensure they’re fully engaging in the process.

Question 10

Can you ask the signer outright if they’re willing to sign and understand the document and its purpose?

Answer 10

Yes

Question 11

Can you ask the signer to summarize or describe the document they’re signing?

Answer 11

Yes

Question 12

Can you make it your policy to send everyone but the signer out of the room with every notarization?

Answer 12

Yes, if it’s your policy it can help others not to feel accused or that you are suspicious of their intentions.

Question 13

Can you make it your policy to go through the document with every signer to make sure they understand it?

Answer 13

Yes

Question 14

Are notaries mandatory abuse reporters?

Answer 14

No, but you can call 1-800-503-7233 to report suspicions of financial abuse of the elderly if inclined.

Question 15

When can you refuse to perform a notarization?

Answer 15

When there are problems with the documentation
When there are problems with the certificate
When there are concerns about the signer’s willingness or competence to sign

Question 16

Should you document refusals to notarize in your journal?

Answer 16

Yes