When Signature by Mark Is Appropriate

An 87-year-old woman sits across from you, trembling hands resting on the table. She needs to sign a power of attorney, but arthritis has made it impossible for her to write her name. She looks up and asks, "Can I still sign this?"

The answer is yes—through a procedure called signature by mark. California law provides a way for individuals who cannot write their name to execute documents through a mark, typically an "X," under specific conditions.

Who May Use a Signature by Mark?

A signature by mark is appropriate when the signer physically cannot write their name. Common situations include:

Important Distinctions

A signature by mark is NOT appropriate when:

• The signer simply prefers not to write their full name
• The signer is too rushed to write their name
• The signer wants to use initials instead of a full signature
• The signer is mentally incapacitated (they must still understand the document)

Exam Tip: The signer must still be mentally competent to understand the document being signed. Inability to write does not mean inability to understand.

The Mark Itself

The mark is typically an "X" but can be any mark the signer is capable of making:

• An "X" is the most common and widely recognized mark
• A thumbprint may also serve as a mark
• Any intentional mark made by the signer is acceptable
• The mark must be made voluntarily by the signer

On the Exam

Key points frequently tested about signature by mark:

• Who can use it: Only those physically unable to write their name
• Mental competence: Still required—the signer must understand the document
• Two witnesses: Always required (covered in next section)
• Identity verification: Standard ID requirements still apply