On a rare occasion, we may be asked to notarize the signature of a person who cannot sign a document in the usual manner. An individual with a disability may direct the notary or a designated person to sign on his or her behalf. In a sense, one person substitutes his hands for the hands of the person with a disability. We may notarize this signature and we will indicate the unusual circumstances in the notarial certificate.

What You Should Know:

■ The Notary Public will question the person to make sure that he or she understands the nature and effect of the document to be signed. If the person is blind, the Notary Public will read the entire document to him or her. If the person does not understand, the Notary Public will refer him or her to an attorney for legal advice and we will not proceed with the notarization.

■ The notary will ask for proper identification from the person with a disability. It is not necessary to require identification from the designated signer. Think of that person only as the “hands” of the person with a disability.

■ The notary may then sign the signature of the person with a disability at the direction of and in the presence of that person and the two witnesses.

■ Perform the appropriate notarial act: administer an oath or take an acknowledgment. The notarial act will be directed to the person with a disability.

■ The Notary Public will complete the notarial certificate with the required information. When stating whose signature is being notarized, it would be best to indicate the special circumstances of the signing.

■ Two persons with no interest in the transaction must witness the signing of the document and the notarization and that their names and addresses be clearly printed below their signatures. Unless otherwise required by law for the particular document, it is not necessary for the witnesses’ signatures to be notarized.

■ The witnesses and the designated signer must sign the notary journal.

This problem may occur in different situations. In some situations, individuals may have simply neglected to update their identification cards after a name change. You should go to your local Division of Motor Vehicles office to make the necessary changes.

In some instances, individuals may need to sign a document with their former name after making the necessary updates to their identification cards. A classic situation arises when a woman changes her name after marriage and has to sign a document, such as a warranty deed, in her former name. We may notarize her signature if she signs both names and the notary may want to indicate that fact in the notarial certificate.

For an acknowledgment, the notary could state:

“The foregoing instrument was acknowledged before me this _____ day of ________, 20__, by Mary Smith, who represented to me that she was formerly known as Mary Jones, and who provided a Florida driver license, No. 123 45 678 890 in the name of Mary Smith as identification.”

The notary may also want to include information such as the date of birth, expiration date, or physical description. The notary may always provide additional information in the certificate, especially if it helps to clarify the circumstances. The notary may also want to include information about supporting documentation concerning the name change or additional identification cards, if available, in the journal.

As a notary, we are not responsible for the contents of the document, but we need to exercise caution in this situation, by following these recommendations by the State. Such as:

■ Make sure that the notary can communicate verbally with the document signer or that a qualified, trustworthy translator is present.

■ Determine, if possible, that the document is complete.

■ Check the document for a notarial certificate. If the document does not have a notarial certificate, the document signer must direct the notary to apply the notarial act, proceed by adding the correct certificate and completing the notarization. If the signer does not know which notarial certificate he/she wants to apply, the notary must refuse to notarize. Samples of notarial certificates.

■ Complete the notarial certificate in English. If the notary certificate is not in English, and the signer does not permit for the notary to write it in English, then the notary may not notarize.

There are many things that a notary may not do. Some of those things are listed below.

■ Do not notarize a photograph

■ Do not notarize a copy of a birth certificate, or any other vital record or public record

■ Do not certify a translation of a document from one language into another.

■ Do not provide signature guarantees. This duty is usually performed by officials in the banking and securities industry.

■ Do not certify the authenticity of objects, such as art or sports memorabilia.

■ Do not judge contests or certify contest results.

■ Do not certify a person’s residency or citizenship status.

■ Do not prepare legal documents, or immigration papers.

More on photographs

Occasionally, we may be asked to “notarize” a photograph. Please be aware that certifying or notarizing photographs is not an authorized notarial act under Florida. The Notary, may, however, notarize a person’s signature on a written statement concerning the photograph.

For example, if Jane Smith wants to certify that the person in a particular photograph is John Doe, she could sign a sworn written statement stating that the photograph is of John Doe. The Notary could then notarize her signature on that statement in the same way that the Notary notarizes any sworn written statement. Her statement could be made on the back of the photograph or on a separate paper to be attached to the photograph.

Keep in mind that the Notary will not certify or attest that the person in the photograph is John Doe. Rather, the Notary will certify that the statement concerning the photograph was signed and sworn to in the Notary’s presence by Jane Smith. This is accomplished by using the standard notarial certificate (jurat) provided in the Florida Statutes for oaths. The Notary will apply their notary seal to and sign the document with completing a proper notarial certificate, chosen by Jane Smith.

Generally speaking, we 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 the notary public exercises caution when notarizing for a minor. In particular, the notary public 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 5-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 the notary public is 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 a notary public notarizes 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 “acceptable forms of I.D.” 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 “2 credible witness,” to identify the minor.

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

Our company does not apostille documents, nor does it assist In handling the apostille request. For a document that is leaving the USA to a foreign country, a document may be required to be apostilled.

Each state designates a competent authority who issues an apostille for a public document. The Florida Secretary of State is the competent authority in Florida. Only the competent authority can issue an apostille. They will examine the document to make sure that the Notary Public who notarized the document, was an actively commissioned notary public, at the time of notarizing the document. Once confirmed, the State Office will stamp, seal, emboss your document, and mail it back to you for your handling.

The link below is only applicable to documents that can be notarized within Florida boundaries:

https://dos.myflorida.com/sunbiz/other-services/apostille-notarial-certification/

With this method the witnesses must personally know the person whose signature is being notarized and must sign a sworn written statement vouching the signer’s identification.

This is for the purposes of identifying people who do not have other identification.