Signers with Disabilities

Notaries must serve all members of the public, including those with physical, sensory, and cognitive disabilities. Refusing to notarize solely because a signer has a disability is discriminatory and violates both notary law and civil rights protections.

Core Principle: Disability ≠ Incapacity

The most important rule when working with disabled signers:

Physical or sensory disability does NOT equal mental incapacity.

A person who is blind, deaf, paralyzed, or otherwise physically limited may be completely mentally competent and legally capable of signing documents. The notary's duty is to make reasonable accommodations so the signer can participate in the notarization.

Blind or Visually Impaired Signers

Accommodations

• Read the document aloud — The signer has the right to have the entire document read to them before signing
• Allow additional time — Do not rush the process
• Confirm understanding — After reading, ask if the signer understands the document
• Guide signing placement — Help the signer locate where to sign (you may indicate the line but should NOT guide their hand)

What the Notary Should NOT Do

• Assume the blind signer cannot understand the document
• Skip reading the document because "it's too long"
• Sign for the signer or physically move their hand
• Refuse the notarization solely because the signer is blind

Special Considerations

• If the signer has someone with them who wants to read the document, be alert to potential undue influence
• The notary should offer to read the document themselves to ensure impartial delivery
• Document in the journal that the document was read aloud to the signer

Deaf or Hearing-Impaired Signers

Accommodations

• Written communication — Exchange written notes with the signer
• Sign language interpreter — May be used to facilitate communication (unlike foreign language, sign language interpreters are generally permitted)
• Lip reading — If the signer reads lips, face them directly and speak clearly
• Visual aids — Written instructions for the notarization process

Administering Oaths to Deaf Signers

For jurats, the signer must take an oath or affirmation. Options include:

• Written oath that the signer reads and affirms in writing
• Oath administered through a sign language interpreter
• Oath administered in writing with the signer's written affirmative response

Physically Impaired Signers

Signers Who Cannot Write

If a signer cannot physically write their signature (due to paralysis, amputation, severe arthritis, etc.), they may use a signature by mark:

Signature by Mark Procedure:

1. The signer makes an "X" or another mark on the signature line
2. Two disinterested witnesses observe the mark (required in most states)
3. One witness writes the signer's printed name next to the mark
4. Both witnesses sign their names as witnesses
5. The notary completes the notarial certificate
6. The journal entry notes that a signature by mark was used

Signers Using Assistive Devices

• Signers may use mouth sticks, foot writing, or other adaptive tools to sign
• As long as the signer creates their own signature, the method does not matter
• The notary should NOT assist in physically creating the signature

Hospital and Care Facility Notarizations

When notarizing for signers in hospitals, nursing homes, or care facilities:

• Coordinate with medical staff — Ensure the signer is not too medicated or fatigued
• Be especially alert for willingness and awareness — Vulnerable settings increase the risk of undue influence
• Allow sufficient time — Medical conditions may slow the process
• Respect privacy — Other patients should not be able to see the document
• Note the location in your journal

On the Exam

Disability accommodation questions are common:

• Disability does NOT equal incapacity — never discriminate
• Blind signers: Read document aloud, confirm understanding
• Deaf signers: Written communication or sign language interpreter
• Signature by mark: "X" with two witnesses required
• Hospital settings: Extra attention to willingness and awareness
• Reasonable accommodations must be provided