PA Notary Signers with Disabilities 2 — Questions and Answers
Question 1: A Pennsylvania notary is asked to notarize a Power of Attorney for a principal who is physically unable to sign but is fully competent. The principal directs their adult child, who is also the named agent in the document, to sign on their behalf. Two unrelated neighbors are present to act as witnesses. Which of the following is the correct action for the notary to take?
- Refuse the notarization because the designated signer is also the named agent. (Correct answer)
- Proceed with the notarization, as long as the two neighbors act as witnesses.
- Allow the principal to use a signature stamp, as long as it is witnessed.
- Instruct the principal's child to sign the principal's name and then notarize that signature.
Correct answer: Refuse the notarization because the designated signer is also the named agent.
According to Pennsylvania law (20 Pa.C.S. 5601), when a principal's signature is made by another person (signature by proxy) on a Power of Attorney, it must be witnessed by two individuals. Critically, the person signing on behalf of the principal cannot be the agent named in the document. Therefore, the notary must refuse because it creates a conflict of interest for the agent to also be the designated signer.
Question 2: A signer with a severe speech impediment, rendering them non-verbal, needs a document notarized. They can communicate clearly and effectively by writing on a whiteboard. They have presented valid identification. What must the notary do to properly complete the notarial act?
- Require a qualified sign language interpreter to be present.
- Refuse the notarization as verbal communication is required for an oath.
- Proceed with the notarization, using the whiteboard for all required communication, including the acknowledgment or oath. (Correct answer)
- Have a family member verbally answer the notary's questions on behalf of the signer.
Correct answer: Proceed with the notarization, using the whiteboard for all required communication, including the acknowledgment or oath.
Pennsylvania notaries must be able to communicate with the signer. This communication does not have to be verbal. If the notary can satisfactorily communicate with the signer through writing, gestures, or other means and is confident the signer is aware, willing, and understands the document, the notarization may proceed. The key is direct communication between the notary and the signer.
Question 3: When a person with a physical disability signs a document by making a mark (e.g., an 'X'), which of the following is a key procedural requirement for the Pennsylvania notary?
- The notary must physically guide the signer's hand to make the mark.
- The document is not valid unless three witnesses are present for a signature by mark.
- The notary should print the signer's name and the words 'his mark' or 'her mark' near the signature line. (Correct answer)
- A signature by mark is only permissible for acknowledgments, not for verifications on oath.
Correct answer: The notary should print the signer's name and the words 'his mark' or 'her mark' near the signature line.
When a signer uses a mark, Pennsylvania best practices recommend that the notary print or type the customer's name and the words 'his mark' or 'her mark' near the signature line. Two witnesses are normally required, and the notary may act as one. The notary must never physically guide the signer's hand.
Question 4: A notary is presented with a situation where a signer, due to a disability, cannot sign or make a mark. The signer directs a trusted friend to sign their name in the notary's presence. What is the notary's role regarding the witnesses in this 'signature by proxy' scenario?
- The notary cannot act as a witness in a signature by proxy situation.
- The notary can act as one of the two required witnesses in addition to notarizing the document. (Correct answer)
- Only one witness is required if the designated signer is not a family member.
- The witnesses are not required to be identified by the notary.
Correct answer: The notary can act as one of the two required witnesses in addition to notarizing the document.
For a signature by a designated individual (proxy), two witnesses are typically required. Pennsylvania law allows the notary public to act as one of the witnesses in addition to their notarial duties, provided they are not otherwise disqualified. All parties—the principal, the designated signer, and both witnesses—must be present and properly identified by the notary.
Question 5: A person with a disability that prevents them from traveling has an expired driver's license and no other acceptable ID. Their long-time caregiver is with them and offers to be a credible witness. The notary knows the caregiver personally and trusts them. What is the critical requirement for using this caregiver as a credible witness in Pennsylvania?
- The caregiver must sign an affidavit stating they personally know the signer and that the signer lacks other ID. (Correct answer)
- The caregiver only needs to verbally swear to the signer's identity.
- A single credible witness is insufficient; two are always required in Pennsylvania.
- The caregiver cannot be a credible witness because they are employed by the signer.
Correct answer: The caregiver must sign an affidavit stating they personally know the signer and that the signer lacks other ID.
In Pennsylvania, a notary may use one credible witness if that witness is personally known to the notary. The credible witness must be placed under oath or affirmation and sign a statement (affidavit) attesting that: the signer is the person named in the document, they personally know the signer, the signer does not possess other acceptable ID, and the witness has no financial or direct interest in the transaction.
Question 6: Under what circumstance may a Pennsylvania notary properly refuse to notarize for a person with a visible disability?
- If the disability makes the notary feel uncomfortable.
- If the signer's disability prevents them from signing their full name legibly.
- If the notary is not satisfied that the signer is competent or has the capacity to execute the record. (Correct answer)
- If the signer requires the assistance of a family member to hold the pen.
Correct answer: If the notary is not satisfied that the signer is competent or has the capacity to execute the record.
A notary public may refuse to perform a notarial act if they are not satisfied that the individual executing the record is competent or has the capacity to execute it. However, a notary cannot refuse service simply because of the existence of a disability. The other options are incorrect because alternatives like signature by mark or an assisted signature are permitted.
PA Notary Signers with Disabilities 2
A Pennsylvania notary is asked to notarize a Power of Attorney for a principal who is physically unable to sign but is fully competent.
The principal directs their adult child, who is also the named agent in the document, to sign on their behalf.
Two unrelated neighbors are present to act as witnesses.
Which of the following is the correct action for the notary to take?