Who Can Be Notary Public for Victorian Power of Attorney
Updated 9-13-21. If you're asked to notarize for someone unable to sign their name due to a concrete status, don't panic. Some states provide alternatives when notarizing for a physically impaired signer, including:
- Powers of attorney
- Representative signers
- Signatures by marker
- Having someone else sign at the impaired person's direction
Let'south take a wait at some of these options beneath.
Powers Of Attorney And Representative Signers
In some situations, some other person may be given power of attorney for someone who cannot sign in order to sign documents on behalf of the disabled individual. This other person is known as a "representative signer" or "attorney in fact" (though the representative does non necessarily accept to be an actual lawyer).
In these cases, the notarization would be performed usually, but you are notarizing the signature of the representative signer. They would present proof of identity, and their proper noun would be entered in the Notary certificate. However, be aware that in near cases a representative signer tin't swear an oath or affidavit in the name of the disabled individual.
Some states, such equally Colorado and Nevada, require Notaries to use special certificate wording when notarizing for a representative signer. Oregon, Hawaii, Montana and Utah require the representative signer to prove the Notary proof that they have the authority to sign on behalf of the person in question.
Signature By Marker
If the impaired signer is alert, coherent and appears willing to sign, some other selection may be for the person to sign documents with an 'X' or like mark unassisted in lieu of a signature. This is chosen "signature by mark," which many states permit. For a signature by mark, the signer does not take to write out a total name. Instead, they make an 'X' or similar mark in front of witnesses, which can and so be notarized. Depending on the land, y'all may need one or two witnesses.
If the signer wishes to use a signature by marker, make sure to follow your state'southward requirements about the procedures. For example, California requires two witnesses be present if a signer wishes to make a signature by mark. In California, the witnesses to a signature past marker do non need to present identification for themselves unless they are also serving as credible identifying witnesses vouching for the signer'southward identity.
When using signature by mark, the signer must be able to brand the mark on their ain. Neither yous nor a third party may physically hold or guide the signer's hand to aid them brand a signature. If someone asks you or another person to practice this, you must tell them no.
Permit Someone Else Sign For The Impaired Person
If the client is completely unable to write or brand any kind of marking, some states permit the Notary or another private present to sign the certificate as directed by the customer. This is sometimes called "signature past proxy." For instance, if a person in Florida who is physically unable to sign wants the Notary to sign on their behalf, the signing must take place in the disabled person'due south presence, with two other witnesses present who take no interest in the document being notarized. Texas besides allows a Notary to sign on a disabled person's behalf, but only requires one disinterested witness to be present.
Montana does not permit a Notary to sign on behalf of a disabled person, but a disinterested third party may sign by proxy if the teaching is given in person by the disabled individual and in the presence of the Notary.
If you lot're non sure how to keep, contact your state Notary regulating agency or the NNA Hotline for help.
If At that place Are No Options Available, Don't Proceed
If the requirements for alternative methods of signing cannot be met, and so practise not continue with the notarization. The customer will demand to contact an attorney or other agency qualified to provide legal communication on acceptable alternatives to signing the document.
David Thun is an Associate Editor at the National Notary Clan.
Source: https://www.nationalnotary.org/notary-bulletin/blog/2016/09/notarizing-for-physically-impaired-signers
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