What happens if a disabled or physically incapacitated person wants to have a Will, Trust or other estate document but is incapable of signing the instrument for his or herself? Does that mean that they’re out of luck?
Fortunately, the answer in Florida is “no.” When a competent person is unable to execute an instrument for themselves, the person may instruct a licensed notary to execute it on their behalf. When such a document is executed by the notary on the person’s behalf, attorneys recommend a special notary form be used. The following is an example where a notary, named John Doe, is executing a document on behalf of Betty Jane, a disabled person:
Sworn to before me on this ___ day of _______, 2017 by Betty Jane, the Testatrix, who produced Florida Drivers License as identification, and subscribed by John Doe, Notary Public, at the direction of and in the presence of Betty Jane, and in the presence of Charles White and James Brown, the witnesses.