Curious, Marilyn if:
1- Signer is COMPLETELY disabled and Unable to make X/mark?*
2- What is title/rep capacity of 3rd party?
Not 100% sure on this, but from what I've read as long as the person can sign w/mark, (s)he Must be allowed to; otherwise, the AIF or guardian, conservator, etc. option is viable. And, wow WHAT States actually allow notary to "assist" (power) signer's hand?? Not sure I'd ever want to do that regardless of what law said.
We have to keep it real simple like for SOC admin. Ask what steps for disabled persons, instead of, 'Can we...' I think that changes the ballgame some, forcing them to think; unless it's spelled out they won't take on (then we get the "check with atty").
Note: What I think is interesting is how SOC silent on this But has a whole section regarding Duty of Care - for eNotarization!!
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Might these help? No doubt you've read before, including NNA discussion on how to handle, but I liked the way the references below explained.
From: http://members.usnotaries.net/news.asp?AssetID=435
In states that do not permit notaries and/or third parties to apply a signature by proxy for a disabled principal, a notary public may only notarize for a disabled principal IF one of the following situations occur:
1. The disabled principal signs the document.
2. The disabled principal signs the document by marking an “X” or other symbol in the presence of a disinterested witness.
3. An attorney in fact signs the document on behalf of the disabled principal by using a power of attorney.
4. A court-appointed conservator or guardian signs the document on behalf of the disabled principal.
If none of the above situations apply, the notary public must decline the notarization.
Also,
http://www.asnnotary.org/?form=physicallyimpairedsigner
(the idea of preparing a his/her mark Certificate was noteworthy . . . anyone ever done this?) |
