I work in a long-term care facility, and one of my patients is unable to sign a power of attorney. He cannot even make a mark or hold a pen. What are my options to notarize his power of attorney form? — A.J., California
If the patient is unable to make a mark of any kind, you cannot notarize his signature. Unlike several states, California doesn’t have a specific provision allowing a signer to direct the Notary or a third party to sign on his behalf. Due to this limitation, your only option is to direct the patient or his family to seek legal advice on how to proceed.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. — The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.