What should a notary do if they witness a signer's signature but the signer is not present?

A notary is required to ensure that the signer is present at the time of notarization to verify their identity and the intent behind their signature. The act of notarization is fundamentally tied to the notary witnessing the signer's actions. If a signer is not present when their signature is being witnessed, the notary cannot fulfill their legal obligations of confirming the identity of the signer and ensuring that the document is signed voluntarily.

If a notary were to proceed without the signer being present, the integrity of the notarization would be compromised, potentially leading to questions about the validity of the document and the notary's accountability. Refusing to notarize the document in this circumstance is the appropriate action, as it maintains the notary's duty to uphold the law and ensure the authenticity of the notarization process.

Contacting the signer to confirm their intention or seeking another notary's opinion would not resolve the fundamental issue that the notary cannot legally notarize a signature without the signer being in their presence. Thus, the role of the notary hinges on witnessing the act firsthand, reinforcing why declining to notarize is the correct course of action.