The Bank Wouldn't Notarize Your Will or Power of Attorney. Here's Why.

If your bank would not notarize your will or power of attorney, you did nothing wrong, and your document is not the problem. Most banks are simply not set up for this kind of signing. A mobile notary who brings witnesses is.

We get this call almost every week. Someone is sitting in a bank parking lot in Clearwater, Largo, or St. Petersburg, holding a will or a power of attorney, and they have just been told, kindly, "I'm sorry, we can't do that here." They are confused, a little embarrassed, and often on a deadline. If that is you today, take a breath. Here is what is really going on, and what to do next.

Why the bank said no

We have a lot of respect for our local bankers. Jan trained in banking herself, and the tellers and bankers we meet care about their customers. When a bank declines an estate document, it is almost never about you. It usually comes down to a few practical reasons.

• The document needs witnesses, and the bank cannot supply them. In Florida, a will must be signed in front of two witnesses. A power of attorney must be signed in front of two witnesses and a notary. A busy branch cannot pull two employees off the floor to serve as your witnesses.

• The notary usually cannot double as a witness on a will. Most wills include a self-proving affidavit, where the notary notarizes the witnesses' signatures. A notary cannot notarize their own signature, so a branch with one notary and no witnesses cannot complete it.

• Bank policy. Many banks limit their notaries to the bank's own paperwork, or to documents for account holders. That is a company rule, and the employee in front of you has to follow it.

• These documents deserve more time than a teller line allows. An estate signing should be private and unhurried. A lobby is neither.

• Estate documents are sometimes questioned years later. Banks prefer not to have employees called on to recall a signing long after the fact.

  
  

The same is true at many shipping and office stores. None of this means your document is invalid or that notarizing it is against the law. It means you need a different kind of appointment.

Turned away at the bank? You did nothing wrong. We bring the notary and the witnesses to you.

What Florida requires

Here is the short version, with links to the statutes so you can read them yourself.

• Last will and testament. Signed by you at the end, in the presence of two witnesses, who sign in your presence and in each other's presence. A notary is not required for the will to be valid. A notary is needed for the self-proving affidavit, which lets the will be admitted to probate without locating the witnesses later. See Florida Statutes 732.502 and 732.503.

• Power of attorney. Signed by you and two witnesses, and acknowledged before a notary. See Florida Statutes 709.2105.

• Health care surrogate designation. Signed in the presence of two adult witnesses. The person you name as surrogate cannot be a witness, and at least one witness cannot be your spouse or a blood relative. See Florida Statutes 765.202.

  
  

So the question is rarely "where can I find a notary?" It is "where can I find a notary and two proper witnesses, in the same room, at the same time?"

What to do next

1. Do not sign anything yet. Your documents should be signed in front of the notary and witnesses.

2. Check your ID. Bring a current government-issued photo ID.

3. Count your witnesses. If you do not have two adults who are not named in the document, ask us to bring them.

4. Pick the place. Your kitchen table, a hospital room, a rehab center, or your office.

5. Call or text us at (727) 947-8247. Same-day appointments are often available, seven days a week.

   
   

   

Why families ask us to bring the witnesses

A witness is more than a second signature. A witness is the person who may be asked, years from now, to confirm that you signed willingly and knew what you were signing. Our witnesses are adults with no stake in your document and no relation to your family. They have done this many times, and they take it seriously.

We are not attorneys and we cannot promise how any document will be treated in the future. What we can do is make sure the signing is handled with care, by people who understand why it matters.

Common questions

Is my will invalid because the bank refused it? No. The bank declined to take part in the signing. That says nothing about the document itself. If you have questions about what your document says, an attorney is the right person to ask.

Can a family member be my witness? The rules depend on the document. For a health care surrogate designation, Florida limits who may witness. For anything else, ask the attorney who prepared your document. Many families choose witnesses with no connection to the document so there is no question later.

Can you tell me which documents I need, or prepare them for me? No. A Florida notary cannot choose, draft, or explain legal documents. Please have your documents prepared by a Florida attorney before your appointment. Once they are ready, we take it from there.

Do you come to hospitals and care facilities? Yes. We serve homes, hospitals, rehabilitation centers, assisted living communities, and hospice settings throughout Pinellas County and the greater Tampa Bay area.

A signing at your own kitchen table, with a notary and witnesses, anywhere in Pinellas County.

We come to you

You should not have to drive from counter to counter with some of the most important papers of your life. Call or text (727) 947-8247, or book online, and we will bring the notary and the witnesses to you.

Jan & Hans | Clearwater Mobile Notary LLC

Clearwater Mobile Notary LLC is a mobile notary service commissioned under Chapter 117, Florida Statutes. We are not attorneys, we do not prepare legal documents, and nothing in this post is legal advice. For advice about your own documents, please consult a licensed Florida attorney.