Q & A: Signing of a Document by the Physically Impared

My client is physically impaired. How would I notarize her documents if she can’t sign her name?

This situation can pose some difficulties and the notary needs to be very careful to evaluate the level of impairment the signer is in. If the signer is mentally alert, knows about the document she is signing and wants to sign the document but is simply limited in her ability to hold a pen, then she can “sign by mark”, holding the pen to the best of her abilities, whether in her hand, between her forearms, or in her mouth and making an “X” on the signature line. Under this rule, her mark would then need to be witnessed by two other individuals who will sign in the presence of both the signer and the notary. However, if the signer is so physically impaired that she is unable to hold a pen with any body part, then the document cannot be notarized. According to the Secretary of State, the notary is advised to refuse notarizing in such situations, and in no situation should a notary acknowledge a mark made by one person holding the signers hand for that mark.

If the document in question cannot be notarized, it will need to be witnessed instead. According to the Continuing Education of the Bar and specifically with regards to signing Trust documents, the notary acknowledgement is not actually required. The CEB language states, “The Will (DPA, HC, etc.) may be signed in the testator’s name by some other person in the testator’s presence and by the testator’s direction, or by conservator pursuant to court order.” These instructions are followed by specific signing rules for the Will, DPA and HC.
If you believe you have a client who will have trouble executing the documents, let ATS know the exact situation, and we will provide the appropriate signing format for each document.