(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that all of the following apply:

(1) The individual executing the record is competent or has the capacity to execute the record.

(2) The individual’s signature is knowingly and voluntarily made.

(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this subchapter.

83 Del. Laws, c. 425, § 11;