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edelske
New York
815 Posts |
 Posted - 06/19/2012 : 8:46:02 PM
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Typical handwriting has digressed to such an extent its getting difficult to tell if the affiant is signing their name or making an "X" mark!
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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PWinFL
Florida
469 Posts |
Posted - 04/14/2011 : 11:41:06 AM
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Florida notaries be aware. In the latest issue, April 7, 2011, of the NNA Notary Bulletin, the Q&A's are about "Dealing With Disabilities" (http://www.nationalnotary.org/bulletin/best_practices/quiz_answers/dealing_with_disabilities.html), the NNA again provides incorrect information and guidance. (Maybe they need to take their own advice, as stated in the answer to the second question.)
Please excuse my ranting, but this is not the first time the NNA has spewed forth with misinformation and misguided those who don't yet know better.
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1. If a signer is hearing- or speech-impaired, you may communicate with the signer through:
A. Written notes while in the signer’s presence
B. Typing messages on a computer while in the signer’s presence
C. A third-party interpreter using sign language in the signer’s presence
D. A or B
Answer: D. If a signer is hearing- or speech-impaired, it is acceptable for the Notary to communicate through written notes or typing messages on a computer — but only while the signer is physically present. Notaries cannot use third parties to interpret messages between the Notary and the signer, because the Notary has no way to know if the signer’s wishes are conveyed accurately by the interpreter. However, a Notary and signer who are both fluent in sign language may use it to communicate directly with each other while the signer is present before the Notary.
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Florida does allow for the use of an interpreter if the notary trusts that interpreter to interpret correctly without embellishment. So, in this case, A, B and C are all correct answers.
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3. A signer unable to sign their own name can:
A. Have another person help move the signer’s arm to sign the document
B. Have the document notarized with a blank signature space
C. Sign using a mark such as “X” with witnesses present, if able
D. Ask someone else to pretend to be the signer so the document can be notarized
Answer: C. If a signer is physically incapable of signing their full name, a signature by mark such as an “X” made in front of witnesses can be signed as an alternative. A third party may not move the signer’s arm or pretend to be the signer in order to notarize the document, and the signature space cannot be left blank. If the signer cannot make any sort of mark, it may be necessary to appoint an attorney in fact or guardian to handle the signer’s affairs. Florida includes a special provision where a disabled person may direct a Notary to sign the disabled person’s name to a document in the presence of two impartial witnesses.
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Most, if not all states, allow some latitude in a principal's signature if the principal is impaired such that they cannot write their own signature. Typically, states will allow the signer to make an "X" and have a witness, or two, indicate that the principal did in fact execute the document and sign with a mark.
In Florida, the notary may be asked to notarize the signature of a person who cannot sign a document in the usual manner. An individual with a disability may direct a notary, or any other disinterested third party, to sign on his or her behalf. (Florida Statutes §117.05(14)(b)(d)) In a sense, one person substitutes his hands for the hands of the person with a disability. The notary should indicate the unusual circumstances in the notarial certificate and their journal, if they have one.
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The guidelines and sample certificates for many special circumstances, can be found in the Florida Governor's Reference Manual for Notaries, page 36 through 40.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
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NNA giving out bad information - again.
