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Monday, 13 September 2010 11:37 |
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I had a call this week that surprised me. The individual was asking if I could notarize the signature of her 15 year-old daughter. The short answer is yes... of course! However, it seems that there are several California Notaries who are under the impression that notarizing a minor's signature is illegal. This simply isn't so.
California Notary law requires that an individual produce proper identification. Now, this may be challenging for somebody under 18, but it isn't impossible. A minor may have a valid passport or a state-issued ID card. The California DMV will issue an ID card to a person of any age. Of course, there are many minors over 16 who have a valid driver license, and there is always the option of using credible witnesses if absolutely necesarry.
Simply put, if the minor can communicate with the notary about the general nature of the document he/she is signing, there is nothing that prevents his/her signature being notarized. Now, you have to remember that state and federal laws still apply regarding the legality of a minor's signature -- but that's not something that a notary should bother with. Remember that a notarization does not impact the legality of a document. If it wasn't a legal or enforceable document before notarization, it won't be afterward, either. The notarization exists to identify the signer who acknowledges their signature or swears to the contents of a document.
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