A Notary Public is presented with a document for a jurat. The signer is unable to sign due to a physical disability and requests the Notary to sign on their behalf. How should the Notary proceed?
- AThe Notary should allow an impartial third party to sign for the disabled individual, known as a 'signature by mark' or 'signature by proxy'.
- BThe Notary should sign the document for the signer, indicating 'signature by Notary for signer'.
- CThe Notary should refuse the request, as a Notary cannot sign for a principal.
- DThe Notary should advise the signer to obtain a power of attorney for someone else to sign.
Show answer & explanationAnswer & explanation
Correct answer: C. The Notary should refuse the request, as a Notary cannot sign for a principal.
A California Notary Public is prohibited from signing a document on behalf of a principal, even if the principal is physically unable to sign. The Notary's role is to witness the principal's signature or receive their acknowledgment, not to provide the signature itself. While a signature by mark is permissible, it must be performed by the signer or a third party, not the Notary.
Why the other options are wrong
- A. While a 'signature by mark' or 'signature by proxy' by an impartial third party is a valid method for disabled signers, the Notary themselves cannot perform this proxy signature. The question asks how the Notary should proceed when asked to sign, and the Notary must refuse to sign.
- B. Notaries are expressly prohibited from signing documents on behalf of principals, even in cases of disability.
- D. Advising on legal instruments like a power of attorney is considered the unauthorized practice of law and outside the Notary's purview.
Jurat - Notary Signing for Principal
A California Notary Public may NOT sign a document on behalf of a principal, even if the principal is physically unable to sign. The principal must sign the document themselves, or have an impartial third party sign by mark or proxy if legally permissible.
- Notary cannot sign for the principal.
- The principal must sign or direct a third party to sign for them.
- Signature by mark by the principal, witnessed by two persons and the Notary, is permissible.
- Providing legal advice (e.g., power of attorney) is prohibited.
Memory trick: A Notary's hand seals, but never signs for another's deals.