Posted by Stephanie Santiago on 11/21/12 3:50pm
Msg #444311

Severly Wounded Warrior

I understand that a returning service person from Iraq or any other country may review important documents upon their return.
This returning Service Person has no arms, reviews important documents with attorney.
Several documents need to be executed and notarized; would this be a situation to name a person to act on your behalf, as in Power of Attorney?
What other options are there for this hero.
Thank you in advance for all replies.

Stephanie

Reply by Linda_H/FL on 11/21/12 3:53pm
Msg #444312

That, or if he can hold a pen in his teeth..you can

do a Signature by Mark

Doesn't have to be pretty, he just has to make a mark if possible. I've seen armless people who write with their feet.

Reply by Linda_H/FL on 11/21/12 3:54pm
Msg #444313

And BTW, I thought the military got all this in order

before they were deployed...maybe there's already a POA in place.

Reply by MikeC/TX on 11/21/12 4:19pm
Msg #444315

Re: And BTW, I thought the military got all this in order

I think you're right about that Linda - they need to have that POA in place in case things come up at home during their tour that require their signature. Depending on the way it's drawn up, it may still be in force after they get home until they revoke it.

Reply by Linda Spanski on 11/21/12 4:04pm
Msg #444314

A couple of the most memorable and inspiring signings I've done:

The quadraplegic who signed his refi with a pen between his teeth. Signature was perfectly legible.

The motivational speaker born with no arms who signed on the table with the pen between his toes. I'm positive he is a very effective motivational speaker.

Of course, signing by X is always an alternative.

Reply by Bob_Chicago on 11/21/12 4:57pm
Msg #444320

Don't know about CA, but in many states, a signer can

verbaly direct another person to sign on their behalf, so long as both parties are present
at the time that the doc is signed by the directed party.

Reply by Marian_in_CA on 11/21/12 5:43pm
Msg #444321

This sounds like the perfect situation where one would use the signature by mark. It doesn't have to be an X. It can any kind of mark.

Our handbooks do a really good job of describing exactly how to do it.

Reply by GOLDGIRL/CA on 11/21/12 6:57pm
Msg #444324

I really see no point anymore to Signature by Mark because of so many "regular" signatures that look like scratches, wavy lines, or whatever. I've seen Signatures by Mark that looked better than some of those. The other day somebody with four names signed with what looked like a lowercase u (barely).

If I had to guess, signature by mark came about to accommodate people who couldn't write, not because of a disability, but because they never learned to read or write. But eventually they had to sign something, so the X came about. Everybody could make an X. Same with CIWs; back when not everybody had ID, two people could identify Sourdough Slim so he could record his mining claim or buy a mule or whatever. These practices are all vestiges of years and times gone by.

In any case, if I were doing this (non-POA) signing, the way the veteran wants to sign his name is his signature, whether it be a dot, a scribble, something that looks like a hypen, or whatever. That's his signature, plain and simple. Just like every other dot, scribble or whatever we've seen from non-disabled people. Just because he has a disability, doesn't mean you have to go with Signature by Mark. Especially with all the witness requirements that go with it. Totally unnecessary to go down that road, IMO.

Reply by MistarellaFL on 11/21/12 7:13pm
Msg #444326

Except he has no arms, GG

If he's newly injured, I doubt if he has writing with his toes down pat.

Reply by GOLDGIRL/CA on 11/21/12 8:08pm
Msg #444330

Re: Except he has no arms, GG

That's the whole point, MistarallaFL; however he signs, that's his signature. No point making a big deal out of this using Signature by Mark and all the witness hoopla. His "mark," however he makes it, is his signature (IMO, of course)!

Reply by Stephanie Santiago on 11/22/12 10:10am
Msg #444355

If it involves Real Estate, a thumbprint is required...

I'll take opinions here.
Thank you in advance.
Also, thank you for all of your replies on the signature.

Stephanie

Reply by sueharke on 11/22/12 10:48am
Msg #444360

Re: If it involves Real Estate, a thumbprint is required...

If no thumbs, take what is available - toe print.

Reply by Linda_H/FL on 11/22/12 10:57am
Msg #444361

No opinion here..it's in your handbook..page 9

http://www.sos.ca.gov/business/notary/forms/notary-handbook-2012.pdf

"If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition"

Reply by GOLDGIRL/CA on 11/22/12 3:05pm
Msg #444375

OK, this has gotta stop!

... FL notaries always telling CA notaries how to do their job, sometimes actually referring to the Handbook, citing chapter and verse. (LOL)!

Reply by Linda_H/FL on 11/22/12 4:08pm
Msg #444378

Umm...I'm sorry?? Again??...<<gulp>> n/m

Reply by GOLDGIRL/CA on 11/22/12 8:14pm
Msg #444381

Re: Umm...I'm sorry?? Again??...<<gulp>>

A JOKE, Linda! As in Florida notaries are always telling CA notaries how to correctly do their jobs, esp. when CA notaries don't have a clue. I find that amusing after a while. Helpful, informative, insightful, valuable but still funny, invoking a slight smile or guffaw. No insult intended. Nothing personal. Just an observation on a sometimes humorous, ironic situation. That's why I put LOL on my post. I never see CA notaries telling FL how to read their Handbook, which is also somewhat amusing (to me, and apparently to me only.)


OK, I give up! Never again. Sorry!

Reply by Linda_H/FL on 11/22/12 8:24pm
Msg #444382

We could go on all night like this..I was kidding with

you GG..

Reply by GOLDGIRL/CA on 11/22/12 10:06pm
Msg #444387

Re: We could go on all night like this..I was kidding with

OMG! I have no sense of humor left, obviously. At least anything recognizable. Maybe I've too much pecan pie ... or was it the cranberry cocktail(s)...?

Reply by MistarellaFL on 11/22/12 6:47pm
Msg #444380

Re: Except he has no arms, GG

I guess my point is that he may not be able to sign, and as Bob suggested, if legal, he may direct someone to sign for him, if legally acceptable, or a POA may be issued.
It's been my experience that some new amputees are not ready to tackle a toe or mouth signature just yet.

Reply by SharonMN on 11/23/12 10:45am
Msg #444414

I once signed a disabled woman who had no real use of her arms. She had a signature stamp which was just her name typed. There was nothing at all wrong with her mind, so I simply placed the documents in front of her, flipped the pages, went through my normal explanation, and either I or her husband stamped her signature when she told us to do so. I included a note to the title company explaining the situation and as far as I know, it was accepted. The borrower told me that is how she normally does things. Some states have specific procedures for this, so check your local laws.

Reply by ArtG/KS on 11/23/12 6:09pm
Msg #444459

Stamp of a signature is not allowed in KS but this is clearly a good case for POA. An attorney or an active or ready reserve officer can also effect notarizations in these situations. Its best that this is pre-arranged before a loan signing per my own military experiences that Ive seen.