Posted by JerryhFL on 8/16/12 9:02am
Msg #430660

Person with Disabilty Who Directs Someone to Sign

I have been asked to notarized a POA for a person who is in a re-hab center, does not have use of his arms and is confined to a wheelchair.

According to Florida S117.05(14) this can be accomplished by me as the notary signing his name, having two witness's sign the Acknowledgement notarial wording and then me notarizing.

However, when I quizzed him about valid ID he does not have and and really has no way to obtain.

In Florida we have Credibile Witness Affidavit capability and I think by having the witness's sign (because they do know him) this form as well as the one I mentioned above I may be able to solve the problem.

I welcome any thoughts.

Reply by Linda_H/FL on 8/16/12 9:14am
Msg #430661

Yes - I think that will work

They witness you signing on behalf of the disabled person; the ack for that is on page 39, and you'll also need to incorporate the CW identification info into that affidavit; then you have them sign a separate Credible Witness Affidavit found on page 33 and you notarize their signature on their CW Affidavit. The CW Affidavits stay in your journal or in your files as evidence of identification and is not part of the doc. The Act from page 39 IS attached to the document. EVERYONE but the principal needs identification.

Good luck - and price this accordingly!!!

Reply by Jessica Ward on 8/16/12 12:16pm
Msg #430700

I don't know FL law, but....

Here in WA we're permitted to use two credible witnesses, BUT, our "credible witnesses" are described as known by both the notary and the signer. I've NEVER been able to pull one of those off.

How does FL determine "credibility?"

Reply by Linda_H/FL on 8/16/12 12:42pm
Msg #430704

One CW known to the signer and the notary

or two both known to the signer.

They have to swear it's difficult if not impossible for the signer to get ID - I'd say under the circumstances of this poor guy it fits.

JMO