Signers with Disabilities Flashcards

A signer with a temporary physical disability in their dominant hand wants to execute a document by making a mark. The signer is lucid and has valid identification. Which procedure must the Pennsylvania notary follow?

Answer: Have the signer make their mark, and the notary must then sign the signer's name near the mark. Two witnesses must also be present to sign.

Pennsylvania law allows a person who is physically unable to sign their name to use a mark. The procedure requires the disabled individual to make the mark themselves. The notary should then print the customer's name near the mark. It is a best practice, and required for certain documents like Powers of Attorney, to have two witnesses present who also sign the document.

A person who is non-verbal communicates their understanding of a document and willingness to sign using a speech-generating device. What is the notary's primary responsibility in this scenario?

Answer: To be reasonably satisfied that the signer comprehends the transaction and is willingly communicating their intent.

The core duty of a notary is to ensure the signer is aware, understands the document's nature, and is acting voluntarily. The method of communication, whether verbal or through an assistive device, is secondary to the notary's ability to ascertain the signer's intent and comprehension.

Which statement best distinguishes a 'signature by mark' from a 'signature by another' (proxy signature) under Pennsylvania notary guidelines?

Answer: In a signature by mark, the individual makes the mark themselves; in a signature by proxy, the individual directs another person to sign their name.

The key procedural difference lies in who physically creates the signature. For a 'signature by mark,' the principal makes a mark. For a 'signature by another' (proxy), the principal, who is unable to even make a mark, directs a third party (who cannot be the notary) to sign their name in their presence and the notary's presence.

A notary reads a document aloud to a blind signer, who then uses a signature guide to sign. Beyond the statutorily required elements, what is the most prudent information for the notary to record in their journal?

Answer: A statement that the document was read aloud to the signer at their request and a guide was used.

While not explicitly mandated by statute, documenting the specific accommodations made (reading the document, use of a guide) provides a detailed record of the notary's due diligence. This entry serves as powerful evidence that the notary took appropriate steps to ensure the signer was fully aware of the document's contents, which protects the signer, the public, and the notary.

A fully competent individual is physically unable to sign a document or even make a mark due to a condition like quadriplegia. Which of the following is the correct procedure for a Pennsylvania notary to follow?

Answer: The notary should use the 'signature by another' procedure, where the individual directs a third party to sign on their behalf.

For a signer who is mentally competent but physically incapable of signing or making a mark, Pennsylvania law provides for a 'signature by another' (also known as a proxy signature). The disabled individual must direct another person (who is not the notary) to sign their name, and this must occur in the presence of the disabled individual and the notary.

When notarizing for a person with a known developmental disability, which action represents a failure of the notary's duty?

Answer: Completing the notarization based solely on the presentation of a valid ID without assessing the signer's comprehension.

A notary's responsibility extends beyond verifying identity. They must also be confident that the signer is competent, aware, and acting willingly. Relying only on a valid ID and ignoring potential signs of confusion or lack of understanding, especially with a known disability, is a serious breach of notarial duty.