If it’s not, we encourage you to obtain a new ID now, and to make it a habit to start every year by checking that the ID is still valid. Take the time today to check if your (or your elderly loved one’s) ID is up to date. A valid ID allows your elder law attorney to better assist you and your family when it is time to create or update estate planning documents. Make note on your calendar when your ID is going to expire and plan to renew it early. One of the easiest ways to plan ahead is to maintain a current ID. Obtain sworn, notarized, statements from two witnesses that state they personally know you (which may be hard to come by for the very elderly or new Florida residents).The notary personally knows you and can legally notarize your document (notaries cannot notarize for family members or certain people).There are some other ways to prove the signer’s identity: Unfortunately, some people find themselves in a situation where they need powers of attorney or estate planning documents executed but they don’t have a proper ID. In order for the notary to rely on the ID for notarization, it must either be current (unexpired), or it needs to have been issued within the past 5 years and have a serial or other identifying number. An identification card issued by any branch of the armed forces of the United States.A passport issued by a foreign government if the document is stamped by the United States Bureau of Citizenship and Immigration Services and.A passport issued by the Department of State of the United States.A driver’s license issued by another state.A valid Florida Identification card (for non-drivers).A current (unexpired) Florida Driver’s License.The following is a list of the most common government-issued IDs you would present to a Florida notary: Generally, this requirement is completed by personally knowing the signer or seeing an acceptable form of ID. To notarize a document, the notary must first identify the person whose signature needs notarizing. In Florida, for a durable power of attorney to be valid, the signer must execute the document in the presence of two witnesses and a notary. Sue is unable to do anything, and the notary is restricted by law from notarizing a document without knowing Ed personally or seeing his ID. But those witnesses cannot be present because of COVID-19 restrictions. Sue has to find witnesses that can attest to Ed’s identity. Without a current ID, and no way to obtain one, the process of executing a power of attorney for Ed has become almost impossible. Now that he can’t leave the hospital and go to a government office in person, there’s no way to get a new ID issued. Ed thought it was a hassle, so they put it off. With Homeland Security changes, Ed had to produce several forms of ID in order to bring his Florida ID current – even if it wasn’t for a driver’s license. Ed says he hasn’t driven for a while and driver’s license expired years ago! He and Sue talked about getting a Florida ID instead. Ed understands what is going on and wants a power of attorney so Sue can help with his affairs.īefore we can execute any documents with Ed, we ask him if he has a current Florida ID. Sue went to the bank to access his account and was told she needs a power of attorney. He is unable leave the hospital to go to the bank or deal with his finances. Here is a situation we have encountered too many times:Įd went to the hospital now needs to go to a rehab facility. Without a current ID, the notary’s work becomes very complicated and the process can be impossible. Most times a notary must require that the document signer produce a current ID to prove his or her identity. That is a huge mistake!īut, keeping your ID up to date is very important! You may need to prove your identity in order to execute certain legal documents that must be notarized. Some who no longer drive or don’t expect to travel abroad may think an updated driver’s license or a valid passport is not necessary. However, many older adults overlook this priority. A proper ID is absolutely necessary to handle some personal business. Whether it is a driver license or a passport, an up-to-date government issued photo ID is a must for adults today.
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