Uncommon Notarizations: Minors, Persons with Disabilities

In the course of a notary’s career, there will inevitably be occasions where the signature of a minor will need to be notarized. To ensure that everything goes off uncommon notarizations, here are some procedures that need to be taken:

Step 1: The first step is to research the rules that govern notarizing the signatures of minors in your state as the first step.

Step 2: The second step is to be on the lookout for any signs that the child is not participating in this activity voluntarily. The appointment should proceed as scheduled even if the notary knows that the minor is being coerced into signing the document.

Step 3: Even if the minor produces acceptable identification, it is still a clever idea to have a qualifying witness present at the signing. This is a best practice that should be followed in all cases. For instance, it would be a promising idea to have the minor’s parents present as qualifying witnesses in the event that they were needed.

The notary is obligated to document in the notary diary any acts taken or occurrences that occur in connection with the uncommon notarizations.

Although having a minor’s signature notarized does not necessarily guarantee that the notarization will hold up in court, it does increase the likelihood that it will. Because of this, it is very vital to get a good understanding of the law in the state. In the state of New Jersey, the rules that govern notarizing the signature of a minor begin by stating that a minor is not deemed to be of legal age to enter contracts, sign deeds, or conduct business. This is the starting point for these regulations. A child or infant is deemed a minor in the eyes of the law. This applies to both children and newborns. Notarizations that involve children do not require any specialized credentials from the notary public, however. This indicates that the forms that require an adult’s signature can also be utilized for a minor to sign.

When it comes to people with disabilities, it is imperative that you constantly respect the regulations of the state. It is possible that any one of the following scenarios and people will require the services of a notary to notarize some documents:

  1. Lack of Vision
  2. Inability to Read
  3. Signature by Mark
  4. Being Physically Unable to Sign
  5. Having Difficulties with Either Hearing or Speech

Let us discuss Signature by Mark on the document. The decision to accept or reject will be made differently in each state. It is stated in New Jersey Statute Annotated (NJSA) 46:14-4.2 that the law in New Jersey recognizes a personal mark (“X” or other chosen symbol) as a legal signature if the person adopts the mark as his or her signature. This is because the law in New Jersey Apostille recognizes a personal mark as a legal signature if the person adopts the mark as his or her signature. Although it is not essential, it is recommended that there be at least one impartial witness present during the signing of the document. This is in accordance with best practices. Before continuing, the notary must first ensure that the witness has been correctly identified.

A signer who is unable to read should be given the same consideration as a signer who is blind. It is recommended that the notary offer to read the entire document aloud to the signer in order to guarantee that the person is aware of the entirety of the contents of the document. This is true for both blind signers and signers who are unable to read. The notary should use extreme caution to avoid elaborating on or offering an opinion regarding the substance of the document in any way. It is impossible to overstate the significance of taking detailed notes (in the notary journal) regarding the exceptional conditions that surrounded each of the uncommon notarizations described in the previous paragraphs.

There is a wide range of circumstances that can require the signature of a juvenile to be notarized. Please contact New Jersey Mobile Notary & Apostille Services if you would like a more in-depth grasp of the particulars of notarizing documents in which a minor is involved.