A Notary Public is presented with a document for an acknowledgment. The signer is present but has a broken arm and cannot physically sign the document or the Notary's journal. The signer verbally directs another competent adult, who is also present, to sign the document on their behalf, and this person signs the document. What is the Notary's appropriate action for this type of signature?
- APerform an acknowledgment for a 'signature by proxy' or 'directed signature'.
- BPerform a signature by mark acknowledgment, even though the signer didn't make a mark.
- CPerform a regular acknowledgment, noting the assistant's signature in the journal.
- DRefuse the notarization, as the signer must physically sign the document themselves.
Show answer & explanationAnswer & explanation
Correct answer: A. Perform an acknowledgment for a 'signature by proxy' or 'directed signature'.
California law allows for a 'signature by proxy' or 'directed signature' where, due to physical inability, a signer directs another person to sign on their behalf, in their presence, and in the presence of the Notary. This specific type of signature requires a modified acknowledgment certificate that reflects the signature was made by another person at the signer's direction, and the assisting person must also sign the Notary's journal.
Why the other options are wrong
- B. A signature by mark is for when the signer makes an 'X' or other mark, not when another person signs for them.
- C. A regular acknowledgment implies the signer personally signed the document, which is not the case here.
- D. Refusal is not necessary, as California law provides a specific procedure for directed signatures due to physical inability.
Directed Signature (Signature by Proxy)
A 'directed signature' or 'signature by proxy' occurs when a person, due to physical inability, directs another individual to sign a document on their behalf, in their presence and in the presence of the Notary Public. This requires a specific notarial procedure and certificate wording.
- Signer physically unable to sign.
- Signer directs another person to sign.
- Must occur in presence of signer, Notary, and assisting person.
- Requires modified certificate and journal entry.
Memory trick: When 'Hands' can't 'Sign', a 'Voice' can 'Guide', and another 'Hand' can 'Write'.