California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is presented with a document that needs to be notarized. The signer is physically present, but due to a recent stroke, is unable to sign their name. The signer indicates their desire to sign by making a mark. What must the Notary Public do before proceeding?
- AInstruct the signer to make an 'X' mark, and then the Notary can write the signer's name next to it.
- BObtain a doctor's note confirming the signer's mental capacity to understand the document.
- CRequire two credible witnesses to attest to the signer's identity and that the mark is their signature.
- DRefuse the notarization because the signer cannot legibly write their name.
Show answer & explanationAnswer & explanation
Correct answer: C. Require two credible witnesses to attest to the signer's identity and that the mark is their signature.
When a signer is unable to sign their name and instead makes a mark, California notarial law requires the presence of two credible witnesses. These witnesses must attest both to the signer's identity and that the mark is indeed the signer's intention.
Why the other options are wrong
- A. The Notary cannot simply write the signer's name next to the mark; two credible witnesses are needed for the mark to be valid.
- B. A doctor's note is not a requirement for notarizing a mark, although the Notary must still be satisfied of the signer's awareness.
- D. The Notary should not refuse solely because of an inability to write a legible name; mark signatures are permitted with proper procedure.
Mark Signature
A signature made by an individual who cannot write their name, typically an 'X' or other symbol, which must be attested to by two credible witnesses.
- Requires two credible witnesses.
- Witnesses must confirm identity and that the mark is the signer's signature.
- Witnesses must sign the document near the mark and potentially the Notary's journal.
Memory trick: If they can't write, two eyes must witness their mark and mind.