Section 9: Special Considerations

Physical Constraint

If the Principal is unable to physically sign, they must direct the Online Notary Public to sign in their presence. The Principal may request this verbally, by written document, or other means. The Online Notary Public must indicate below the signature line the circumstances and the means by which the Notary was directed to sign the document. The document must also be witnessed by 2 disinterested parties.

Will, Trust, Health Care Advance Directive, Waiver of Spousal Rights, or Power of Attorney for Financial Transactions

If the document is a Will, trust, health care advance directive, waiver of spousal rights, or power of attorney for financial transactions, the RON Service Provider must ask, and the Principal must answer:

Are you under the influence of any drug or alcohol today that impairs your ability to make decisions?
Do you have any physical or mental conditions or a long-term disability that impairs your ability to perform the normal activities of daily living?
Do you require assistance with daily care?

If any of the answers are affirmative, the Principal’s signature may only be witnessed by a person in the physical presence of the Principal. The RON Service Provider must display a written statement to the Principal:

If you are a vulnerable adult as defined in s.415.102, Florida Statutes, the documents you are about to sign are not valid if witnessed by means of audio-visual communication technology. If you suspect you may be a vulnerable adult, you should have witnesses physically present with you before signing.

Prior to witnessing a Will, trust, health care advance directive, waiver of spousal rights, or power of attorney for financial transactions, the Online Notary Public must ask the Principal the following questions during the audio-visual session:

Are you currently married? If so, name your spouse.
State the names of anyone who assisted you in accessing this video conference today.
State the names of anyone who assisted you in preparing the documents you are signing today.
Where are you currently located?
Who is in the room with you?

Qualified Custodian

If the document is a Will, there are additional requirements for record keeping. The AV recording must be maintained by a qualified custodian located within the state in which the Online Notary Public is commissioned. The qualified custodian must maintain the electronic records until such time as it is revoked by the testator or submitted to the court upon the testator’s death. If the AV recording for the execution of an electronic will cannot be produced, the electronic will is treated as lost/destroyed.