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

   1. (1) The individual executing the record is competent or has the capacity to execute the record.
   2. (2) The individual’s signature is knowingly and voluntarily made.
2. (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