Posted by Anonymous on 2/10/06 7:42pm
Msg #96184

Notarization for a minor

Hi,
A friends daughter lost her cell phone at school and the cell phone company is requesting an affidavit be notarized. Do I need to have both parent and child sign the affidavit? ( The child is
13 - 15 years old).

Thanks!!!!

Reply by Shane_OH on 2/10/06 7:57pm
Msg #96185

The minor wouldn't have been able to sign the service contract as she's under 18, so only the parent should have to sign it.

Reply by Shane_OH on 2/10/06 7:57pm
Msg #96186

But check with the service provider to be sure.... n/m

Reply by Notary_MA on 2/10/06 8:01pm
Msg #96187

I agree... unless if the cell was a prepaid....

but then again........if it was prepaid they'd be crap out of luck! They'd have to buy another cell phone.

I agree with you Shane.

Reply by Anonymous on 2/10/06 8:06pm
Msg #96188

Re: I agree... unless if the cell was a prepaid....

The cell phone was under the mother's phone service plan.

Reply by Notary_MA on 2/10/06 8:34pm
Msg #96192

Re: I agree... unless if the cell was a prepaid....

I think shane was right. You should only have the mother sign the affidavit. It makes sense because it was her account. She can swear that her daughter lost the phone.

Reply by Bob_Chicago on 2/11/06 1:36am
Msg #96225

I disagree

Absent a specific state prohibition, there is no reason why a minor
is not able to sign an affidavit, assuming that the minor has the mental
capacity and maturity to understand what they are doing.
A contract signed by a minor may not be enforceable, but there is
no reason why a minor can not swear to a factural matter.
Minors testify under oath in court all of the time. The judge asks
them some questions to determine if they are mature enough to
know the difference between the truth and a lie.
How would the mother know what happened to the phone other
than what the kid told her.
The phone company wants evidence that the phone was lost and not
given away , etc. The minor's sworn statement is what they are looking
for to be that evidence
Opening ceremony was great, docs are ready to go out.
I'm going to bed. Nighty night, all

Reply by Kelly M Robertson on 2/11/06 6:31am
Msg #96237

Bob has a point, however...

in California (that's the only state I can speak for), the minor could sign the affidavit, but he/she would have to have valid ID acceptable in CA. For the age range indicated, that would not fly here.

I once notarized an AGREEMENT for a 16-year old professional skateboarder -- he had valid ID and so we proceeded with the notarization; his Mother was the one who signed the CONTRACT which was also notarized (and basically gave all the responsibility to her to make sure her boy participated in the Agreement). It was a first for me -- I called the Sec of State and confirmed it could be done as long as valid ID was present for both.

Reply by Gerry_VT on 2/11/06 12:14pm
Msg #96333

Re: ID for minors

Kelly wrote that 13-15 year old children wouldn't have valid ID in California. That seems likely, but once in a while you might find a child with a passport or a state non-driver ID card. I understand that my state offeres non-driver ID to people of any age, although I have not been able to verify this on the web. Perhaps the state where the anonomous poster is also offeres non-driver ID for any age, or perhaps the child has such an ID from another state.

Reply by SarahBeth_CA on 2/11/06 1:45pm
Msg #96369

use credible witnesses

For that age range you could use credible witnesses for means of identifying the minor. However I would not have the parents of said minor be the credible witnesses if they are on the phone contract and or paying the bill (they are interested parties).

Reply by SarahBeth_CA on 2/11/06 1:51pm
Msg #96370

In Addition/Or

Or if your knowledge of the child is enough to qualify as personal knowledge there is no need for any other form of id.

Reply by SarahBeth_CA on 2/11/06 1:53pm
Msg #96372

my replies are state specific for CA...

if in another state I don't know.

Reply by PAW on 2/11/06 2:02pm
Msg #96375

I don't know what state your are in, but if it is Florida, this topic is specifically addressed in the Governor's Manual (pg 40):

For a Person Who is a Minor

Have you ever been asked to notarize the signature of a person under the age of 18? If so, you may have considered this request a "major" problem. No doubt you have had some of the same questions that we are frequently asked.

- May I notarize the signature of a minor? Generally speaking, you may notarize for a minor; however, all of the requirements of the notary laws must be followed.

- Is there an age limit? The notary laws do not limit notarizations based upon a person’s age. The Governor’s Notary Section recommends that you exercise caution when notarizing for a minor. In particular, you should determine whether the minor understands the nature of an oath or acknowledgment before notarizing.

For example, a woman recently called our office to ask whether she could notarize the signature of a 4-year-old child. The father wanted to transfer the title of a boat to his child. A child of this young age would probably not understand the transaction. On the other hand, we recently encountered a situation involving a 12-year-old child who wanted to submit a sworn statement to the court regarding an incident that she witnessed. She actually wrote down what she had seen and wanted to sign her statement and swear to it in the presence of a notary. Most likely, a 12-year-old child would understand the act of swearing to the truthfulness of a statement.

In these types of situations, the notary should question the child to make sure that he or she understands the nature of an oath or an acknowledgment. The notary should also determine that the child is not being pressured or coerced to sign the document.

When a child is too young to comprehend the transaction, a parent sometimes signs on behalf of the child. If you are asked to notarize in that situation, it is the parent’s signature that is to be notarized, not the child’s.

- What about identification for a minor? Any time you notarize a signature, the signer, including a minor, must provide acceptable identification to the notary. The problem, of course, is that most minors do not have one of the forms of acceptable identification listed in the Florida Statutes. There are two possible solutions.

First, you may be interested to know that any person 12 years of age or older may be issued a state identification card. To obtain the card, the person should apply at the local Division of Motor Vehicles office where driver’s licenses are issued.

Second, you may use the sworn written statement of a credible witness to identify the minor. (Please refer to page 33 for a full explanation of this method of identification.)

When asked to notarize the signature of a minor, you may refuse to do so if you are unsure about any aspect of the notarization. In unusual situations, you may even suggest that the minor or his or her parent or guardian see an attorney.