What is required for a signer to pass a willingness and competence screening?

• A. The signer has the capacity to sign, the signature is willingly and voluntarily made, and the signer can hold a conversation and understands what is going on
• B. The signer is under 18
• C. The signer signs without understanding
• D. The signer can only sign with a guardian present

Answer: (A)

The essential idea is that a signer must engage in the signing with true willingness and the mental capacity to understand what they’re doing. For a willingness and competence screening, the signer must have the capacity to sign (be of legal age and of sound mind to understand the act), sign voluntarily (not under coercion or pressure), and be able to hold a conversation and understand what is going on (awareness of the document’s purpose and consequences). In Maryland notary practice, these elements ensure the notarization is valid and the signer genuinely consents. If any of these are missing, such as being a minor, signing without understanding, or requiring a guardian in general, the notarization should not proceed.