PA Notary Signers with Disabilities

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?

Accepted Answer

Two witnesses, who are not the notary, must sign their names near the mark.

Answer

The notary can act as the sole witness to the mark.

Answer

A family member must be present to witness the mark.

Answer

No witnesses are required if the notary personally knows the signer.

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?

Accepted Answer

To state in the certificate that the signature was made by another at the principal's direction.

Answer

To obtain identification from both the principal and the person signing.

Answer

To have the person signing take an oath regarding their authority.

Answer

To refuse the notarization as it constitutes a prohibited act.

Question 3

What is the correct procedure for a notary when completing a journal entry for a signature by mark?

Accepted Answer

Record the names and addresses of the two witnesses.

Answer

Note the reason for the signer's disability.

Answer

Only record the name of the signer and the date.

Answer

Have the witnesses sign the notary's commission certificate.

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?

Accepted Answer

Refuse to notarize if you are not satisfied the signer understands the document.

Answer

Proceed with the notarization to avoid discrimination.

Answer

Ask a family member to explain the document to the signer.

Answer

Charge an additional fee for the complexity of the situation.

Question 5

For a 'signature by another' to be valid for a notarization in Pennsylvania, the signing must occur:

Accepted Answer

In the principal's presence and at the principal's direction.

Answer

With the principal's verbal permission over the phone.

Answer

Only if the person signing holds a valid power of attorney.

Answer

At the notary's office, even if the principal is elsewhere.

Question 6

How does a notary properly identify an individual with a physical disability who requires a signature by mark?

Accepted Answer

The same identification requirements apply as for any other signer.

Answer

The identification requirement is waived if there are two witnesses.

Answer

A letter from a doctor can be used as the primary form of ID.

Answer

Two forms of photo ID are required instead of one.

Question 7

In a signature by mark scenario, who writes the signer's name next to the mark on the document?

Accepted Answer

The notary public.

Answer

The signer must attempt to write their own name.

Answer

The first witness.

Answer

A court-appointed representative.