For a Person Who is a Minor

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 exercises caution when notarizing for a minor. In particular, we should determine whether the minor understands the nature of an oath or acknowledgment before notarizing.

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 the Notary 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 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, the Notary may use the sworn written statement of a credible witness to identify the minor.

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