Signature by Mark

Recently I've had a few clients who were unable to sign their names for various reasons. When this situation arises for a notary public, the law provides a solution. The person is allowed to sign the document by mark, usually by making an "X" on the signature line. It's not as simple as it sounds, and there are a few requirements to keep in mind. The person signing the document by mark has to go through the same identification process as any other signer. Proper identification must be shown, thus meeting the requirement for satisfactory evidence. Valid forms of identification in California include a DMV-issued identification card or driver's licence and a U.S. Passport. There are other acceptable forms of identification, but these are the ones I see most often in my own notary business.

The signer's mark must be witnessed by two people who sign their names as witnesses on the document. The first witness writes the signer's name next to the mark, then signs his or her name as Witness #1. The second person signs as Witness #2. By signing, the witnesses are only verifying that they saw the signer make a signature by mark. They're not required to provide identification to the notary public (unless they're also acting as credible witnesses, establishing the identity of someone without a valid form of identification).

The next step is for the signer to make their signature by mark in the notary public journal. This mark must be witnessed by someone who then writes the signer's name in the journal, and then signs his or her own name as witness.

I can't stress enough how important it is to possess a valid form of identification at all times. A state-issued identification card or senior citizen card is easily obtained, yet many people who no longer drive or travel neglect to take this important step. If you're responsible for the care of an elderly family member, take the time to secure an identification card for them. Assembling credible witnesses takes a bit of coordination, especially if you're dealing with multiple documents, and it often proves exasperating for signers in fragile health.