Posted by Lora on 7/13/10 3:19pm
Msg #344796

Under 18

Can I notarize the doc to the person who is under 18?

Reply by Penney/CA on 7/13/10 4:03pm
Msg #344801

I have not heard of age limitations for notarizations. In the certificate of acknowledgment, the notary public certifies:
• That the signer personally appeared before the notary public on the date indicated in the
county indicated.
• To the identity of the signer.
• That the signer acknowledged executing the document.
That is right out of the Notary handbook.

Reply by Marian_in_CA on 7/13/10 4:11pm
Msg #344802

Of course you can....

As long as they have proper ID.

Sometimes, they have a driver license, if they're 16 or 17... that's normal.

Beyond that, you probably need a passport.

Reply by James Dawson on 7/13/10 4:15pm
Msg #344803

Yes you can,...I did that for a young lady who wrote a dear John to someone,..notarization for effect I would guess.

Reply by Marian_in_CA on 7/13/10 4:26pm
Msg #344805

Or legal purposes if "john" is over 18.... LOL

Reply by Moneyman/TX on 7/13/10 8:42pm
Msg #344833

That's cold n/m

Reply by laurielnc on 7/13/10 4:54pm
Msg #344807

I had a signing company that wanted me to Id a woman's son that was going on her deed. The son wanted to use his high school ID. The signing company wanted me to use it but I told them I couldn't. He didn't have a driver's license so he went to the DMV and got an ID card (he was about 16) and the mother told me she wanted me to sign her because I was honest and was mad at the signing company because they tried to get another notary to sign them using his high school ID. Big mess. I ended up going back and signing it.

Reply by Patti Corcoran on 7/13/10 5:24pm
Msg #344809

Don't we also have to be reasonably sure that the signer understands what they are signing?

Reply by Marian_in_CA on 7/13/10 5:35pm
Msg #344811

Not necessarily... at least, not in CA... (the original poster is from CA). Now, it's always best to talk to them in a way that they know the nature of the document, but it's not our job to find out if they *know* what they're signing. It's a fine line of differentiation.

I other words, if I ask, "What is it we're signing today?" and the person says, "It's a power of attorney," I'm generally happy. Most of the time, they usually elaborate a bit more... saying something like, "It's a power of attorney so my mom can handle my bank account while I'm out of the country on a trip."

If they say some thing like, "Oh, I don't know, my Mom is making me sign this for when I'm out of the country," then I might be a bit more hesitant and ask more questions.

In CA... we're not responsible for the content of the document or the capacity of the signer. We're just identifying the signer.

If it's a contract, our notarization means nothing when it comes to the legality of the contract. If it's an illegal or unenforceable contract, it's still illegal and unenforceable with or without a notarization.

Reply by aurelio/FL on 7/13/10 9:50pm
Msg #344838

Florida Statutes 117.107(5)

"A notary public may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization."


If the minor *DOES* appear to be mentally capable of understanding the nature and effect of the document, AND if the minor has appropriate identification, then there is certainly no reason why a minor's signature can not be notarized.

Keep in mind that court's take the sworn testimony of children all the time...

Reply by C. Rivera Chicago Notary Services on 7/14/10 10:04pm
Msg #344972

Re: Florida Statutes 117.107(5)

"keep in mind that court's take the sworn testimony of children all the time..."

....and you would know this how exactly?