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Illiterate Signers
- Is the marking of an 鈥淴鈥 by a signer who cannot read and write an acceptable signature?
- The signer, who is unable to read and write, wants me to notarize his signature on a document that he cannot read. Should I decline the notarization?
Is the marking of an 鈥淴鈥 by a signer who cannot read and write an acceptable signature?
In most states鈥 statutes, a notary public may notarize the marking of an 鈥淴鈥 of an individual who cannot sign his full name, either due to a physical disability or illiteracy. In many states, there are statutory notarial procedures for notarizing the marking of an 鈥淴鈥 by an individual unable to sign. Courts have often held that 鈥渟ignature鈥 or 鈥渟igned鈥 includes any symbol executed or adopted by a person with the present intention to authenticate a writing.
The signer, who is unable to read and write, wants me to notarize his signature on a document that he cannot read. Should I decline the notarization?
Yes. Encourage the signer to go to an attorney for legal advice regarding the nature and effect of the document being signed and notarized. Possibly, the document could also be notarized at the attorney鈥檚 office.
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