Real-World Scenarios

Understanding signature by mark in theory is important, but knowing how to handle real-world situations makes you a competent and compassionate notary. Here are common scenarios you may encounter.

Scenario 1: The Elderly Signer

Situation: An 85-year-old man needs to sign a deed of trust. His hands shake severely due to Parkinson's disease, and he cannot form letters.

Correct Approach:

1. Verify his identity with acceptable ID
2. Confirm he understands the document (he is mentally alert)
3. Arrange for two disinterested witnesses
4. He makes an "X" on the signature line
5. One witness writes his name next to the "X"
6. Both witnesses sign the document and your journal
7. Complete the notarial certificate

Key Point: Physical inability does not equal mental incapacity. As long as the signer understands the document, the notarization can proceed.

Scenario 2: The Hospitalized Signer

Situation: A woman in the hospital needs a power of attorney notarized. Both arms are in casts following an accident.

Correct Approach:

1. Travel to the hospital (mobile notary service)
2. Verify her identity
3. Confirm her mental competence (check if she is on medications that might impair understanding)
4. Arrange for two witnesses (hospital staff may serve if they have no interest in the document)
5. She makes a mark using her mouth, foot, or any method she can manage
6. Complete the standard signature by mark procedure

Key Point: The mark does not have to be made by hand. Any intentional mark by the signer is acceptable.

Scenario 3: The Illiterate Signer

Situation: An immigrant who never learned to read or write needs to sign an affidavit.

Correct Approach:

1. Verify identity with acceptable ID
2. Read the document aloud to the signer or have an interpreter present
3. Confirm the signer understands the contents
4. Arrange for two disinterested witnesses
5. The signer makes their mark
6. Complete the standard procedure

Key Point: For illiterate signers, the notary should ensure the document contents are communicated to the signer. The notary is NOT providing legal advice—just ensuring the signer is aware of what they are signing.

Scenario 4: When to Refuse

Situation: A family brings in their grandmother who has advanced dementia. She cannot write and does not appear to understand where she is or what is happening.

Correct Approach: REFUSE the notarization.

Even though she cannot write (qualifying for signature by mark), she cannot demonstrate understanding of the document. Mental competence is a separate and essential requirement.

Certificate Wording Adjustments

When a document is signed by mark, the notarial certificate may need to reflect this:

Some preprinted certificates may already include language accommodating signatures by mark. If not, the notary may need to use a loose certificate that includes appropriate wording.

On the Exam

Scenario-based questions about signature by mark frequently test:

• Mental competence: Always required regardless of physical ability
• Witness independence: Witnesses must be disinterested
• Refusal situations: Cannot notarize if signer lacks mental capacity
• Reading the document: Important for illiterate signers