Last week we posed the scenario of A Signer With No Hands, in which a man with no hands needs a jurat for an affidavit. The man offered to use a toe print or bite mark as his signature.
What Would You Do? Do you accept either of these options? Suggest he consult an attorney? Or do you send him away without any solution?
What you said
This real-life conundrum generated nearly 100 responses and suggestions between Facebook and the blog post comments.
“I would not be able to notarize a bite mark, but I have had a signer who was paralyzed from the neck down sign the document with a pen in her mouth,” New Orleans Notary Bob Gostl wrote on Facebook. A blog commenter concurred, noting, “I carry a blue felt-tip pen in my notary case for folks with physical issues.”
Howard Cohen, a Florida attorney, recounted handling a real estate transaction last year on behalf of an elderly signer who was so infirm that she could not even make her mark. “Pursuant to a Florida statute, I arranged for her to direct the Notary (who knew her) to sign a durable power of attorney for her for the execution of the closing documents. The statute authorizes the notary to sign for her. The title company accepted the POA and an affidavit from her husband who witnessed the procedure and signed the closing documents under the POA.”
“I would ask this person how he "signs" other documents — and that method is what I would expect to use,” wrote Susan Kehoe-Sutphin.
The NNA’s Recommendation
Many states have provisions in the laws specifically dealing with disabled signers and signature by mark, so the Notary in this scenario should start by checking her Notary handbook or the guidelines from the Secretary of State’s office. Here’s a brief rundown on the alternate signing methods for physically-challenged signers:
- Signer makes mark: Twenty-four states, including Alabama, California, New Mexico and Illinois allow a Notary to notarize a signature made by mark.
- Notary signs: Eleven states, including Florida, Hawaii, Massachusetts, Michigan, Nebraska and Texas permit a Notary to sign for a signer who is physically unable to sign or make a mark.
- Third party signs: Seven states (Colorado, Iowa, Nevada, North Carolina, North Dakota, Oregon and West Virginia) permit a Notary to notarize the signature of a third party who signs for a person who is physically unable to sign.
- Signer uses signature stamp: Four states, including Maine, Nevada, New Hampshire and Oregon permit a Notary to notarize the signature of a person who signs using a signature stamp.
In many states, it is permissible to allow the signer in this case to hold a pen in his mouth and make his mark. Some states also would require one or two witnesses to the mark.
As Cohen’s comment illustrates, a number of states allow the signer to direct a third party or even the Notary to sign on his or her behalf.
Additional Resources:
The NNA Hotline is available to help with your questions.
The NNA offers various resources to boost your knowledge of Notary Best Practices.