Key Takeaways
- Signers who cannot write may sign with a mark (X) witnessed by two people
- The two witnesses must also sign the document
- Foreign language documents may be notarized if the notary can communicate with the signer
- Notary does NOT need to read or understand the document language
- Signers with physical disabilities may receive reasonable accommodations
Special Identification Situations
A 92-year-old woman needs to sign a power of attorney. Arthritis has made it impossible for her to hold a pen, and she can only make a shaky "X" on the signature line. Can you notarize this document? A Spanish-speaking immigrant presents a document written entirely in Korean that he needs notarized—but you don't read Korean. Can you proceed? A deaf man wants to sign a document, but he communicates through American Sign Language. How do you administer an oath?
These are the special situations that separate experienced notaries from beginners. Understanding how to handle these unusual circumstances is essential—and tested on the exam.
Signers Who Cannot Write (Signature by Mark)
When a signer cannot write their name—due to illiteracy, physical disability, or injury—they may sign with a mark (typically an "X").
Requirements for Signature by Mark
| Step | Requirement |
|---|---|
| 1 | Signer makes their mark (X) in the notary's presence |
| 2 | TWO witnesses must be present and observe the mark |
| 3 | Both witnesses must sign their own names next to the mark |
| 4 | One witness writes the signer's name near the mark |
| 5 | Notary records all of this in the journal |
Critical Point: The two witnesses are in addition to the notary. They witness that the mark was intentionally made by the signer.
Real-World Example: An elderly man with severe arthritis cannot hold a pen. His daughter and a family friend accompany him. The man makes an "X" on the signature line. His daughter writes "John William Smith, his mark" next to the X. Both witnesses sign next to the mark. The notary then completes the notarization.
Why This Matters
Throughout history, many people who couldn't write still needed to sign legal documents. The signature-by-mark procedure ensures:
- The signer intended to sign the document
- Witnesses can verify the mark was genuine
- The mark is properly attributed to the correct person
Foreign Language Documents
Can you notarize a document written in a language you don't understand? Yes—under specific conditions.
What You CAN Do
| Can Do | Explanation |
|---|---|
| Notarize documents in any language | Language of document doesn't matter |
| Not read or understand the document | You're not certifying the contents |
| Perform standard notarial duties | Identify signer, administer oath, etc. |
What You MUST Do
| Must Do | Why |
|---|---|
| Communicate directly with the signer | Must understand what type of notarization is requested |
| Identify the type of notarial act | Acknowledgment? Jurat? Oath? |
| Ensure signer understands what they're signing | Signer's responsibility, but you must assess |
What You DON'T Need to Do
| Don't Need To | Explanation |
|---|---|
| Read the foreign language document | Not your job to understand contents |
| Translate the document | Not your responsibility |
| Verify the document's accuracy | You're certifying identity, not content |
| Speak the foreign language | Interpreter can help with communication |
The Notary Certificate
Even when the document is in a foreign language, your notary certificate should be in English. The certificate is your record of the notarial act and must be readable by U.S. courts.
Real-World Example: A Korean businessman presents a document entirely in Korean. You don't read Korean. However, you can communicate with him in English. He explains he needs an acknowledgment—he's signing a business document and affirms his signature. You verify his identity with his passport, complete an English acknowledgment certificate, and attach it to the Korean document.
Signers with Disabilities
California notaries must provide reasonable accommodations for signers with disabilities.
Physical Disabilities
| Accommodation | When to Use |
|---|---|
| Signature by mark | Cannot write |
| Extra time | Motor difficulties |
| Comfortable positioning | Wheelchair users |
| Home visits | Cannot travel (mobile notary services) |
Deaf or Hard of Hearing Signers
| Accommodation | Details |
|---|---|
| Use an interpreter | ASL interpreter can facilitate communication |
| Written communication | Write questions and answers |
| Oath by affirmation | May be communicated through interpreter |
Key Point: The notary must be able to communicate with the signer—whether directly or through an interpreter—to perform the notarization. If communication is impossible, the notarization cannot proceed.
Blind or Visually Impaired Signers
| Accommodation | Details |
|---|---|
| Read document aloud | If requested (not required) |
| Verify identity | Same requirements apply |
| Guide signature | Help locate signature line |
Important: A notary is not required to read the document to a blind signer unless they request it. The signer must still understand what they are signing.
Subscribing Witnesses
A subscribing witness procedure is used when the actual signer (called the "principal") cannot appear before the notary, but has already signed the document elsewhere.
How It Works
| Step | What Happens |
|---|---|
| 1 | Principal signs the document (without notary present) |
| 2 | Subscribing witness watches the principal sign |
| 3 | Subscribing witness appears before the notary |
| 4 | Witness takes an oath: "I saw [principal's name] sign this document" |
| 5 | Notary completes a special subscribing witness acknowledgment form |
Requirements for Subscribing Witness
- Must have actually witnessed the principal sign
- Must present acceptable identification to the notary
- Must take an oath affirming they witnessed the signature
- Must sign the notary's journal
When to Use
Subscribing witnesses are appropriate when:
- The signer is in a hospital and cannot travel
- The signer has already left town
- The signer is bedridden
Subscribing witnesses are NOT appropriate when:
- The signer could reasonably appear before a notary
- The witness didn't actually see the principal sign
- The situation is simply inconvenient
On the Exam
Expect 2-3 questions on special situations. Key points tested:
- Signature by mark: Requires TWO witnesses (most common question)
- Foreign language documents: Can notarize if notary can communicate with signer
- Need to translate: NO—notary doesn't need to read/translate the document
- Subscribing witness: Witness must have SEEN the principal sign
- Deaf signers: May use interpreter for communication
If a signer cannot write and signs with a mark (X), how many witnesses are required?
Can a notary notarize a document written in a foreign language?
What is a subscribing witness?