Key Takeaways
- Foreign nationals may use U.S.-issued documents or foreign passports
- Signers with changed names need documentation of name change
- Elderly or incapacitated signers need extra care
- Minor signers may require parent/guardian involvement
- When in doubt, decline to notarize
Last updated: January 2026
Special Identification Situations
Certain situations require additional care when verifying identity. Notaries must know how to handle these special circumstances.
Foreign Nationals
| Document Type | Acceptability |
|---|---|
| Green Card (Permanent Resident Card) | Acceptable - U.S. government issued |
| Employment Authorization Card | Acceptable - U.S. government issued |
| U.S. Visa in Foreign Passport | May be acceptable with passport |
| Foreign Passport | May be acceptable depending on country |
| Foreign Driver's License | Generally not acceptable |
Foreign Passport Considerations
- Must be current (not expired)
- Should contain photo and signature
- Notary should exercise reasonable care
- May combine with other documents if uncertain
Name Changes
| Situation | How to Handle |
|---|---|
| Recently Married | Marriage certificate + prior ID |
| Divorced | Divorce decree showing name change + ID |
| Court-Ordered Name Change | Court order + ID in either name |
| Nickname on Document | Document should use legal name, not nickname |
Best Practice for Name Discrepancies
- Ask the principal to have the document corrected, OR
- Request ID that matches the document name, OR
- Decline to notarize if discrepancy cannot be resolved
Elderly Signers
| Concern | Notary Action |
|---|---|
| Expired ID | Cannot accept - must be current |
| Awareness/Comprehension | Assess whether signer understands the transaction |
| Physical Limitations | May assist with positioning but not with signature |
| Pressure from Others | Watch for signs of undue influence |
Signs of Possible Incapacity
- Confusion about date, location, or situation
- Unable to explain the document or its purpose
- Looking to others for answers about the document
- Contradictory statements or behavior
Note: Notaries cannot make legal determinations about mental capacity, but should decline if there are clear signs the signer does not understand the transaction.
Minors (Under 18)
| Situation | Consideration |
|---|---|
| Legally Emancipated Minor | May sign as adult with documentation |
| Minor with Parent/Guardian | Parent/guardian typically signs on behalf |
| Minor's Own Document | Consult with document preparer about requirements |
Minor's ID
- Minors may have state-issued ID or passport
- School ID is NOT acceptable
- Learner's permit may or may not qualify (check requirements)
Signers with Disabilities
| Disability | Accommodation |
|---|---|
| Visual Impairment | May have document read to them by third party |
| Hearing Impairment | Written communication acceptable |
| Physical Impairment | Signature by mark may be acceptable |
| Cognitive Impairment | Must still understand the transaction |
Signature by Mark
If a signer cannot write their name:
- May use an "X" or other mark
- Two witnesses typically required
- Notary documents the mark
When to Decline Notarization
The notary should decline to notarize when:
- Identity cannot be satisfactorily verified
- There are signs the signer does not understand the transaction
- There is evidence of coercion or undue influence
- The document is incomplete
- Something feels wrong ("reasonable suspicion")
Key Points for the Exam
- Foreign nationals: U.S.-issued documents preferred
- Name changes: Need documentation of change
- Elderly signers: Watch for expired ID and awareness issues
- Minors: Check requirements, school ID not acceptable
- When in doubt: Decline to notarize
Test Your Knowledge
A foreign national presents a valid, current Green Card (Permanent Resident Card) as identification. Is this acceptable?
A
B
C
D
Test Your Knowledge
An elderly signer appears confused about the date and cannot explain what the document does. What should the notary do?
A
B
C
D