The Notary & Signing for Family and Minors
So, you probably remember that I briefly mentioned in my last blog/article that notaries are not allowed to notarize the signatures for family members. But what is the specific rule? Are there exceptions? What about minors…? Can a Notary Public notarize a document for someone under the age of 18?
Family Members
When it comes to family members, there is a little bit of a gray area. Florida law strictly prohibits a Notary Public from notarizing the signature of a “spouse, son, daughter, mother, or father”. (F.S. 117.107(11)) But that still leaves brothers, sisters, cousins, aunts, uncles, grandparents, step-everything…what about these family members?
Well, Florida does not specifically reference that there is a prohibition on the notarization for these particular family members. However, each state makes its own laws/rule, so if the document being signed is for something out of State, it might be a good idea to check with that State’s laws (NNA, Dec. 2016). Or better yet, don’t do it.
As a general rule, most Notaries Public opt out of notarizing documents for any family member even if allowed by law because we understand the importance of maintaining the function of being an independent third-party. In addition, Notaries Public are prohibited from notarizing a document where we have an interest. So, if I were to notarize something for my sister, wherein she financially benefited and a week later, before she spent her money, she passed away with no heirs but me, did I, my way of inheriting her estate, ultimately benefit from the transaction?
I don’t know the answer to that question, since I’m not a lawyer, but I know that for me I’d rather not have to ask the question. So, when it comes to my sisters and brother and aunts and uncles and cousins, I simple say, “I can’t but I know someone that can” and I find them someone else to help. That’s why it’s always good for Notaries Public to network and know other notaries.
Minors
Now what about minors…how does a Notary Public notarize the signature of a minor? Luckily for most notaries, notarizing the signature of a minor is not a common occurrence but it is possible. So, it’s important that if you need a Notary Public to notarize the signature of your minor that they understand how to go about it.
First and foremost, it always a good idea to ensure that a parent or guardian is in the room, that way the parent can ensure that the notary isn’t pressing the child and at the same time the notary also has a witness. The Notary Public should note it somewhere (most states require a notary journal; Florida is not one of them), in case they’re ever asked, who was present at the time. (Handbook, Pg. 77)
Now that we’ve got the minor and the parent/guardian in the room, we need to verify identification. But wait, unless they’re a teenager with a ID card or driver’s license, the odds of a minor having valid identification is pretty slim. So, how do we check their identification? Well, this goes back to my first post about identification and the credible witness. If you recall, in my post The Notary & Identification, I advised that in order for a Notary Public to notarize the signature of someone without valid identification, that they would need to provide:
One witness that knows both the Notary Public and the signer; or
Two witnesses that know the signer.
In both instances, those witnesses will need to sign a credible witness affidavit and provide valid identification for themselves.
The issue of identification aside, it’s part of the notaries job to ensure that the signer understands what they are signing and/or that they have the capacity to truly understand the difference between a truth and lie, which could be difficult with a minor, as the younger they are the less likely they are to understand. So, the Notary Public should take a little time to speak with the child; if you’re the parent let them talk to your child a little bit. If you’re the Notary, don’t rush this process.
That said, just because the Notary Public speaks with your child and you think that the child answered “correctly” or was convincing that they understood what was being asked of them, there is still the possibility that the Notary Public may opt out of notarizing. This is a situation where a Notary Public is obligated to make a judgment call; that doesn’t mean that the child is lying or that your child doesn’t understand, it just means that the Notary Public didn’t feel comfortable. If the notarization is required, then find a Notary Public that is comfortable. Again, this is a judgment call on behalf of the Notary Public; some opt out of notarizing documents where there’s a high probability of an issuing arising out of something that they signed.
If you have any questions, please feel free to reach out to me:
Shannon “Ivy” Colón, Florida Notary Public
Certified Remote Online Notary
NNA Certified Notary Signing Agent (background screened)
ivy@notarybydivine.com
Please note that the above was provided for informational purposes only and should be construed as legal advice. I am not a license attorney and cannot give legal advice. If you have legal questions, please contact a Florida licensed attorney. I can provide you with a referral if you need one.
A Guide to Notarizing for Family Members. National Notary Association. December 14, 2016. Published June 29, 2022. Accessed November 5, 2022.
American Society of Notaries (1991-2022). Florida Notary HANDBOOK.
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