What Happens If the Signer Does Not Speak English?

What Happens If the Signer Does Not Speak English?

If a signer does not speak or understand English, a Notary Public in Massachusetts may still notarize the document, but only if the notary can directly communicate with the signer and confirm understanding. If the notary and signer do not share a common language, the notarization must be refused.

People often ask this question because Massachusetts is linguistically diverse, and many documents involve immigrants, international use, or multilingual households. Signers frequently assume an interpreter can be used or that the notary only needs to witness a signature. This is not correct.

Requirement That the Signer Understand the Document

Massachusetts law requires a notary to determine that the signer understands what they are signing and is acting willingly. If the signer cannot understand the document or the notary's questions, the notary cannot make that determination.

A notary must be able to communicate directly with the signer to confirm identity, willingness, and acknowledgment or oath. If communication is not possible, the notarization is not legally valid.

Can an Interpreter Be Used?

In Massachusetts, a notary should not rely on an interpreter to communicate with the signer. Using a third party to translate introduces risk and removes the notary's ability to independently verify understanding.

If the notary does not speak the signer's language, the safest and legally compliant option is to decline the notarization and refer the signer to a notary fluent in that language.

Common Misunderstandings About Language Barriers

A common misconception is that a notary only verifies identity and does not need to ensure understanding. This is incorrect. Another misunderstanding is that a bilingual family member can translate. That does not meetthe Massachusetts notary standards.

It is also incorrect to assume that signing a document written in English is acceptable if the signer cannot read it. Understanding is a required element of a valid notarization.

What to Do If the Signer Does Not Speak English

If the signer does not speak English, locate a Massachusetts notary who is fluent in the signer's language. Many mobile notaries advertise bilingual services.

The document should also be written or translated into a language the signer understands. If the document will be used internationally, confirm whether a certified translation is required.

Ensuring clear communication protects the signer, the notary, and the document's validity. A notarization performed without mutual understanding may be rejected or challenged in court.