PA Notary Signers with Disabilities 1 — Questions and Answers
Question 1: When an individual who is physically unable to sign their name wishes to execute a record using a mark, what is required by Pennsylvania law?
- The notary can act as the sole witness to the mark.
- Two witnesses, who are not the notary, must sign their names near the mark. (Correct answer)
- A family member must be present to witness the mark.
- No witnesses are required if the notary personally knows the signer.
Correct answer: Two witnesses, who are not the notary, must sign their names near the mark.
Under RULONA, if a principal signs by mark, two witnesses are required. The witnesses must sign their own names near the principal's mark. The notary is responsible for writing the principal's name near the mark.
Question 2: If a principal directs another individual to sign on their behalf due to a physical disability, what is the notary's primary responsibility in the notarial certificate?
- To obtain identification from both the principal and the person signing.
- To state in the certificate that the signature was made by another at the principal's direction. (Correct answer)
- To have the person signing take an oath regarding their authority.
- To refuse the notarization as it constitutes a prohibited act.
Correct answer: To state in the certificate that the signature was made by another at the principal's direction.
When a signature is made by another person on behalf of the principal, the notary must state in the certificate that the signature was affixed in the principal's presence and at their direction.
Question 3: What is the correct procedure for a notary when completing a journal entry for a signature by mark?
- Note the reason for the signer's disability.
- Only record the name of the signer and the date.
- Record the names and addresses of the two witnesses. (Correct answer)
- Have the witnesses sign the notary's commission certificate.
Correct answer: Record the names and addresses of the two witnesses.
For a signature by mark, the notary's journal entry must include the signature, name, and address of each witness to the mark. This creates a complete record of the notarization.
Question 4: A signer with a severe physical disability appears before you. You are concerned they may not understand the document. What is the most appropriate action?
- Proceed with the notarization to avoid discrimination.
- Ask a family member to explain the document to the signer.
- Refuse to notarize if you are not satisfied the signer understands the document. (Correct answer)
- Charge an additional fee for the complexity of the situation.
Correct answer: Refuse to notarize if you are not satisfied the signer understands the document.
A notary has a duty to ensure the signer is aware, willing, and understands the transaction. If the notary has a reasonable belief that the signer lacks the necessary capacity, they must refuse to notarize.
Question 5: For a 'signature by another' to be valid for a notarization in Pennsylvania, the signing must occur:
- With the principal's verbal permission over the phone.
- In the principal's presence and at the principal's direction. (Correct answer)
- Only if the person signing holds a valid power of attorney.
- At the notary's office, even if the principal is elsewhere.
Correct answer: In the principal's presence and at the principal's direction.
The act of signing by a third party must be done in the physical presence of the principal who is directing the action. The principal must then acknowledge the signature as their own to the notary.
Question 6: How does a notary properly identify an individual with a physical disability who requires a signature by mark?
- The identification requirement is waived if there are two witnesses.
- A letter from a doctor can be used as the primary form of ID.
- The same identification requirements apply as for any other signer. (Correct answer)
- Two forms of photo ID are required instead of one.
Correct answer: The same identification requirements apply as for any other signer.
The method of signing does not change the legal requirement for identification. The notary must identify the signer through satisfactory evidence, such as a valid government-issued ID or personal knowledge, just as with any other notarization.
Question 7: In a signature by mark scenario, who writes the signer's name next to the mark on the document?
- The signer must attempt to write their own name.
- The notary public. (Correct answer)
- The first witness.
- A court-appointed representative.
Correct answer: The notary public.
The notary public is responsible for writing or printing the principal's name near the mark on the document. The two witnesses then sign their own names as witnesses.
PA Notary Signers with Disabilities 1
When an individual who is physically unable to sign their name wishes to execute a record using a mark, what is required by Pennsylvania law?