A signer I am planning on meeting has cerebral palsy. Mentally, the signer is completely cognizant. Physically, they are unable to sign. They are unable to make a mark as well. They have verifiable identification documents to prove they are who they say they are. They simply cannot physically sign for themselves. This includes the document to be signed AND the Notary journal. What would the best course of action be to handle a notarization? The signer is unable to make a signature by mark. — R. D., California
If the document being signed is a power of attorney, Probate Code 4121(b) authorizes the power to be signed in the principal’s name by another adult in the principal’s presence and at the principal’s direction. By your description, it appears the signer may have the mental capacity to do this, but you should have them consult an attorney for this and any other document that may require a third party to sign.
Please see our guide to notarizing for physically impaired signers for guidelines and options in other states when a person is physically unable to write during a notarization.
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
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