Posted by TacomaBoy on 8/12/10 12:49pm
Msg #348640
Blind Affiant (RCW) - Washington
Is the below RCW what controls the signature of a sight impaired affiant is Washington State?
64.08.100 from a person physically unable to sign his or her name or make a mark, a notary public shall, in addition to other requirements for taking an acknowledgment, determine and certify from personal knowledge or satisfactory evidence that the person appearing before the notary public is physically unable to sign his or her name or make a mark and is otherwise competent. The notary public shall include in the acknowledgment a statement that the signature in the acknowledgment was obtained under the authority of RCW 64.08.100.
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Reply by MW/VA on 8/12/10 12:52pm
Msg #348641
Is it your assumption that the person can't sign their name, or do you know that for a fact.
In most states the issue is willingness & awareness. They need to know what it is they're signing and most states allow for someone to read it to them.
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Reply by TacomaBoy on 8/12/10 1:12pm
Msg #348643
Been there, done that! I just need the additional verbiage for my acknowledgement.
So, maybe: Signature in the acknowledgment was obtained under the authority of RCW 64.08.100. I just want to make sure that I include the correct RCW.
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Reply by MistarellaFL on 8/12/10 3:13pm
Msg #348686
I think you're right, Patrick
Just add the phrase at the end of the ack.......
But, I also wanted to mention that I have signed many blind persons, and all were able to sign their name. I just put the pen in their hand, and guided it to the line.
Yes, sometimes the signature is crooked to the printed line, but (at least in FL) that has been no biggie.
I've used signature by mark a few times, but the client was unable to sign with hands.
One guy actually signed his name with pen in mouth!
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Reply by pat/WA on 8/12/10 3:37pm
Msg #348694
Re: I think you're right, Patrick
I had a man with no arms sign his documents with the pen in his toes. I offered help but he refused.
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Reply by TacomaBoy on 8/12/10 3:41pm
Msg #348695
Re: I think you're right, Patrick
Yeah, I've done my share of blind people and those who can't negotiate a signature for various reason. I assume the RCW statute is the same for such instances. I read everything available at the Washington State RCW website and I found nothing specific to blind individuals.
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