How a Disabled Person May Direct Another to Sign

Key Takeaways

• A disabled person may legally sign documents through various methods including a mark, an amanuensis, or a power of attorney.
• A notary public plays a critical role in validating signatures when a disabled individual directs another to sign.
• The phrase “an individual with a disability may direct another person to sign on his or her behalf” is a recognized legal principle in many jurisdictions.
• Clear intent, mental capacity, and the presence of impartial witnesses are vital to ensure legal validity.
• Special care must be taken to follow state-specific notary guidelines and legal procedures to avoid disputes or fraud.
• New technologies, including remote online notarization, may further assist in accessibility.

How does a disabled person sign legal documents? The following are some of the ways a disabled person can sign legal documents:

• Sign with the aid of a notary public (someone authorized to legally validate documents by administering oaths).
• Make a simple mark that is legally witnessed and verified.
• Sign by an amanuensis (someone who helps another with writing).
• Use a conservatorship (a legal custodian appointed by a judge to manage the affairs of another).
• Sign by power of attorney (authorizing someone to legally act on behalf of another).
• Guide the person's hand to the appropriate place on the document using a ruler or template.

Sign With the Aid of a Notary Public

It's not unusual for sound-minded but disabled people who are unable to sign documents to be concerned about the management of their property. However, a provision was made by the Michigan Notary Public Act to address that specific situation. This provision enables the mentally sound but disabled person to sign documents for the management of their property.

A notary public is permitted by Section 33 of the Michigan Notary Public Act to sign for someone who is unable to sign as a result of disability under the following conditions:

• If the notary public is authorized and instructed by the disabled person to sign on their behalf
• If the notary public is there physically, in the presence of the disabled person
• If the notary public adds a section stating that the signing was done under the legal provisions of Section 33

Make a Simple Mark

Signing by making a mark is useful for a disabled person who is not able to make a signature. Such a person can make a simple mark such as an "X" on the document.

For the mark to be valid, two disinterested witnesses are required to be present at the signing. Each of the two witnesses must sign the document, stating that they witnessed the marking of the principal, or legally represented person, on the document. Then one of the witnesses is required to sign the principal's name near the mark.

Sign by an Amanuensis

Signing by amanuensis is useful when a disabled person is completely paralyzed and is unable to hold a pen but is able to speak and direct people. Such a person could employ the services of someone to do the signing for them. The person doing the signing must be a disinterested person, and the signing must take place in the physical presence of the principal.

It is in the best interest of the principal to have a notary public validate the document. For the record, most notaries aren't familiar with the process. Therefore, you should engage an experienced lawyer to guide the notary and supervise the process.

In certain extreme cases, the paralyzed person might have also lost their power to speak. In such cases, the principal could use eye movements to communicate.

The supervising lawyer would have to double-check and verify the eye signals that mean “yes” and “no” before reviewing each line of the document to affirm the principal's understanding. Then the disabled principal would instruct a disinterested amanuensis to sign on his or her behalf.

State-Specific Notary Practices and Legal Intent

Notary laws vary by state, but many jurisdictions specifically allow for the situation where an individual with a disability may direct another person to sign on his or her behalf. This is often referred to as a “signature by proxy” or “signature by direction.” In these cases, the notary must:

• Be physically present with the signer and the person signing on their behalf.
• Clearly record that the signature was made “by [Name of Signer] by the direction of [Name of Disabled Person]” in the notarial certificate.
• Verify that the disabled person has the mental capacity and is voluntarily directing the action.

The signer must not be a party to or have any beneficial interest in the document. Notaries are encouraged to document the procedure carefully, sometimes with a statement of capacity or an acknowledgment that confirms the principal's intent.

Use a Conservatorship

Under a power of attorney, a conservator can play the role of an agent with the authorization to make legal and financial decisions on behalf of a disabled person. A conservator can act like an agent under a power of attorney, with the ability to make financial and legal decisions. However, becoming a conservator is not simple. It is a very costly and time-consuming process.

Use of Communication Aids and Assistive Technology

When an individual cannot speak or write but can communicate through assistive devices—such as speech-generating software or communication boards—they can still legally direct another person to sign. The critical requirement is that the individual clearly conveys intent and maintains mental capacity.

Examples of acceptable communication methods include:

• Eye-gaze boards
• Text-to-speech software
• Sign language (interpreted by a certified interpreter)
• Touchscreens for typed or symbolic responses

Documentation should reflect the method used, and where possible, video recording or signed affidavits from observers may support the legality of the signing process.

Sign by Power of Attorney

If the principal is mentally incapable, a court of appeal could be petitioned to issue a court order authorizing a power of attorney in adherence with the California Probate Code's Substituted Judgment Procedure. Here the order of the judge would substitute for the permission and signature of the principal.

Remote Online Notarization for Disabled Individuals

In many states, an individual with a disability may direct another person to sign on his or her behalf through remote online notarization (RON), provided that specific safeguards are followed. RON allows the entire process to occur via a secure video conference, using electronic signatures and digital verification.

Key steps include:

• Verifying the disabled individual's identity using credential analysis and identity proofing.
• Ensuring that the individual can communicate via audio, visual, or assistive technologies.
• Recording the session and maintaining the digital records per state law.

This method has become increasingly popular due to its convenience and accessibility, especially for individuals with mobility impairments.

Physical Guidance

If the disability in question is blindness and the blind person is otherwise sound with functioning limbs, it is recommended that the entire document be read to the person verbatim in order to verify their understanding. Then something like a template or a ruler can be used to guide the person's hand to enable them to sign at the correct section of the document. Also, documentation by video record is necessary for all of the above methods.

Maintaining Legal Integrity and Preventing Abuse

When assisting a disabled person with signing a legal document, the greatest priority is preserving the integrity of the signer’s intent and protecting them from coercion or fraud. Best practices include:

• Having at least two disinterested witnesses present, even if not required by law.
• Avoiding relatives, caregivers, or beneficiaries from acting as the signing proxy or witness.
• Keeping a detailed notarial journal entry and, when appropriate, a signed statement of understanding from the disabled person.
• Encouraging the use of legal counsel to oversee the process.

These steps help ensure that the individual’s rights are protected and the document is legally enforceable.

Avoid Cutting Corners

It is common knowledge that there are strict legal requirements for signing legal documents like wills and trusts, and for good reason. It is critically important that the required legal procedures for signing important legal documents be followed. Shortcuts could lead to forgery and fraud, which could result in permanent damage.

Frequently Asked Questions

1. Can a disabled person legally direct someone else to sign a contract?
   Yes, as long as they are mentally competent and can clearly communicate their intent, they can direct someone else to sign on their behalf.
2. What does a notary need to do when someone signs for a disabled person?
   The notary must witness the act, confirm the disabled person’s intent and capacity, and record that the signature was made by proxy.
3. Is an “X” mark legally valid as a signature for a disabled person?
   Yes, if properly witnessed and documented, an “X” can be a valid signature for someone who cannot write their full name.
4. Can someone with a disability use remote online notarization?
   Yes, if the individual can use assistive technologies to verify identity and express intent, remote notarization is an accessible option.
5. Should the person signing on behalf of a disabled individual be a family member?
   Preferably not. It’s best for the signer to be a neutral third party with no interest in the document to avoid conflicts of interest.

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