Our customer care team is available to help you with any notarial questions you may have, and one we’ve been getting recently is how to complete a notarial act for someone with a disability. How do you complete a signing for someone who cannot sign? ... Our customer care team is available to help you with any notarial questions you may have, and one we’ve been getting recently is how to complete a notarial act for someone with a disability. How do you complete a signing for someone who cannot sign?
You have two options, a signature by mark or for you, the notary, to sign for them.
Signature by Mark
Texas law allows someone to sign by a mark, either an x or some other mark. The reason could be because of Illiteracy, personal choice, or disability. A certain procedure should be followed.
Begin the notarial act like you would any other, ensuring you can properly identify the person and they understand the nature and content of the document. At the beginning of the signature mark, write the person’s first name and at the end of the signature mark, write the person’s last name. Leave a space in-between them. In that space the person will put their mark. Underneath the signature line and underneath the person’s mark write “his/her mark.” A witness should be present to sign as well.
A specific notarial certificate will be used to document the nature of the signing.
Signature by the Notary
If the person is physically unable to sign their name and a mark, then they may direct the notary to sign for them. An impartial witness must be present, and the notary should remain impartial as well.
You can find the entire law as section 406.0165. For more information pertaining to completing a notarial act by signature by mark or for a person who cannot sign or sign with a mark, please give us a call at 800.821.0822. or look into our Texas Notary Handbook. The handbook has examples of the certificates used in each as well as the complete steps for completing each procedure properly.
Unusual notarizations happen daily, tell us about your experience handling the non-standard notarial acts.
