Posted by Marian_in_CA on 1/10/11 5:15pm
Msg #367871

Yes, CA Notaries... you CAN notarize for a minor!!

Okay, this just boggles me. I had an appointment this afternoon wherein the Mom told me that the reason they traveled so far to meet me (an hour each way) is because none of the notaries in her area would notarize her daughter's signature on a letter.

She said they all told her that it was illegal because she is only 16.

No, people...it is NOT illegal.

Nowhere in our handbook or in state notary code does it indicate that we cannot notarize a minor's signature. Remember, our jobs are to verify their identity and signature. As long as the minor has proper ID (passport, ID card or Driver license) there is no reason not to notarize.

Notarizing the signature does not impact the legality of a document. If the minor's signature cannot be upheld in court, the notarization's presence will have zero influence.

But...and this is where I think people are screwing up... if you refuse to notarize simply because the person is under 18, you are making a legal determination on their behalf, and that's a BIG no-no.

What if the minor is emancipated or married and has the legal right to sign a contract? Its none of our business to ask about it. After all, it *is* in our handbook that we are not allowed to "determine or certify" one's capacity --- and that includes their legal capability to sign something.

Again, if they lack the legal capability... they lack it with or without the notarization.

Some may say they they aren't old enough to take an oath.... that's garbage. Children are put under oath in court all the time. We just need to take extra care in making sure that the child understands what it means. It's not that difficult.

What if the document isn't a contract at all? In the case today, it was simply a letter and really had no legal impact at all.

As long as you can properly ID the signer... their age really doesn't matter a whole lot. And refusing to notarize for a minor might actually get you in to trouble with the SoS for refusing a legal notarization. The mom today said she was really frustrated and was going to call the SoS's office because she said they were all acting as if they were giving her legal advice on top of refusing to notarize -- most of them telling her that her daughter could not legally sign anything at her age.

Well, that may or may not be true... but it isn't the notary's job to determine or give their opinion about stuff like that.

Reply by BrendaTx on 1/10/11 5:21pm
Msg #367876

Yes! If they can be ID'd and they understand,

they should receive notarizations.

Reply by Marian_in_CA on 1/10/11 5:25pm
Msg #367878

Re: Yes! If they can be ID'd and they understand,

Exactly... I was just baffled by that. This is the second time this has happened in the last year where I've heard this happening. I'm hoping that it's not a local instructor or something telling people this.

But this lady drove over an hour to meet me...she was telling me how they went to the postal box stores, called several mobile notaries in her town.... and I was surprised. Granted, there's not a whole lot between my town and hers... and that included notaries... but she said she spoke to at least 8 or 9.

Reply by James Dawson on 1/10/11 5:30pm
Msg #367883

I have notarized letters from minors giving a "dear John" to their Ex!

Reply by Glenn Strickler on 1/10/11 5:34pm
Msg #367885

It might be noted also that California will issue an ID card to anyone of any age as long at they meet the requirements. I have notarized signatures of minors as well.

http://www.dmv.ca.gov/dl/dl_info.htm#idcard

Reply by FlaNotary2 on 1/10/11 7:28pm
Msg #367919

Florida law is silent on the matter, but our handbook

specifically addresses it, and advises that it is permissible if other traditional requirements are met - proper ID, verification of oath/acknowledgment, etc.

I teach in my classes that parents should be asked to leave the room so that the notary can make a determination that the child understands what he or she is signing.

Section 90.605(2), Florida Statutes, addresses children taking oaths in court: "In the court’s discretion, a child may testify without taking the oath if the court determines the child understands the duty to tell the truth or the duty not to lie."