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Q: legal signature for CA disabled person ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: legal signature for CA disabled person
Category: Miscellaneous
Asked by: jadiamond-ga
List Price: $5.00
Posted: 01 Aug 2002 20:26 PDT
Expires: 31 Aug 2002 20:26 PDT
Question ID: 48365
Can a rubber stamp be used as a legal signature in California for a
disabled person who has ataxia and can no longer sign his name
legibly?
Answer  
Subject: Re: legal signature for CA disabled person
Answered By: richard-ga on 01 Aug 2002 20:57 PDT
Rated:5 out of 5 stars
 
Hello and thank you for your question.

The process you have in mind is called "signature by mark" and you
won't even need a rubber stamp--any sort of mark will suffice, as long
as it's done in the presence of a Notary Public and the requirements
of California Civil Code Section 14 are met:

§ 14. Words and phrases; construction; tense; gender; number 
"[S]ignature or subscription includes mark, when the person cannot
write, his name being written near it, by a person who writes his own
name as a witness; provided, that when a signature is by mark it must
in order that the same may be acknowledged or may serve as the
signature to any sworn statement be witnessed by two persons who must
subscribe their own names as witnesses thereto...."
http://www.ss.ca.gov/business/notary/codespage.htm#14


The 2002 Notary Public Handbook, published by the Secretary of State,
State of California, describes the process:
"When the signer of an instrument cannot write (sign) his or her name,
that person may sign the document by mark. (Civil Code Section 14) The
requirements for signature by mark are as follows:
The person signing the document by mark must be identified by the
notary public by either personal knowledge or satisfactory evidence.
(Civil Code Section 1185)
The signer's mark must be witnessed by two persons who must subscribe
their own names as witnesses on the document. One witness should write
the person's name next to the person's mark and then the witness
should sign his or her name as a witness. The witnesses are only
verifying that they witnessed the individual make his or her mark on
the signature line of the document. A notary public is not required to
identify the two persons who witnessed the signing by mark or to have
the two witnesses sign the notary's journal. Exception: If the
witnesses were acting in the capacity of credible witnesses in
establishing the identity of the person signing by mark, then the
witnesses' signatures must be entered in the notary's journal."
Notary Public Handbook
http://www.ss.ca.gov/business/notary/notary_2002hdbk.htm#sbm

I suggest you click on the above link--the Handbook includes a
convenient illustration showing just how the document will look when
the process is done properly.

If you require any clarification of this answer, please feel free to
ask.  I would appreciate it if you would give me the opportunity to
clarify as needed before you rate my answer.

Happy to help.
richard-ga

Request for Answer Clarification by jadiamond-ga on 01 Aug 2002 21:31 PDT
What about daily tasks like signing checks or for credit card
purchases?  That's why I wondered about using a rubber stamp....

Clarification of Answer by richard-ga on 02 Aug 2002 04:57 PDT
The Notary method is the only way for it to be the "legal signature"
that you referred to in your question.

The rubber stamp method, say for check-writing and credit card
purchases, will only work if you can talk the vendor, etc. into taking
it and I as I say, (s)he isn't legally obligated to do so.  [You could
try rubber-stamping the back of the credit card so it'll match, but I
think you'll find that some will take it and some won't.] Once you get
past the point of sale there shouldn't be a problem, because the
check-processing machines that the bank uses don't actually look at
the signature part of the check or credit slip.

The other alternative is a properly executed power of attorney, but of
course the person named in the power would have to be present.

Sorry, that's all the law allows.
Best of luck
richard-ga
jadiamond-ga rated this answer:5 out of 5 stars
Extremely prompt (unbelievably so!) answer and authoritative in terms
of citing the references used.  From the point of view of a librarian
(which I am, tho' obviously not in law), the Google system cannot be
my final answer because I cannot check on the credentials of the
answerer.  But I am quite impressed with the prompt, clearly worded,
and articulate answer.

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