California Notary Public ExamAcknowledgments and Proofs of ExecutionMedium
A Notary Public is presented with a document for an acknowledgment by a signer who is physically unable to sign. The signer directs another individual, who is not interested in the document, to sign on their behalf. What is the Notary's appropriate action?
- AProceed with a 'signature by mark' procedure, ensuring two disinterested witnesses are present.
- BDecline, as this scenario requires a power of attorney, not a direct signature by another.
- CProceed with the acknowledgment, noting the third party's signature in the journal.
- DRefuse the notarization, as the signer must personally sign the document.
Show answer & explanationAnswer & explanation
Correct answer: A. Proceed with a 'signature by mark' procedure, ensuring two disinterested witnesses are present.
When a signer is physically unable to sign, they can direct another individual to sign for them, which is treated as a 'signature by mark'. This requires two disinterested witnesses to the signing, in addition to the Notary.
Why the other options are wrong
- B. A power of attorney is not required for a direct signature by another under the signer's direction; the 'signature by mark' procedure is applicable.
- C. Simply noting it in the journal is insufficient; the specific 'signature by mark' procedure must be followed.
- D. Refusal is incorrect; 'signature by mark' provides a legal method for this scenario.
Signature by Mark (Directed)
If a signer is physically unable to sign, they may direct another individual to sign on their behalf. This is treated as a 'signature by mark' and requires two disinterested witnesses, in addition to the Notary, who must both sign the document and be identified in the journal.
- Applies when signer is physically unable.
- Signer directs another to sign.
- Requires two disinterested witnesses.
- Treated as a signature by mark.
Memory trick: Incapacity means witnesses step in, ensuring the mark is truly theirs.