Amy the notary refused a notarization for a customer after learning he was disabled and couldn’t sign his name on the documents. Instead, the customer wanted to use a stamped signature. Was Amy correct in refusing the notarization?

A stamped signature is not acceptable for notarizations. And, of course, a notary always has the option of refusing a notarization. But in this case, Amy could have suggested other options.

A customer may sign by mark (with an X) or with assistance. A designated individual may also sign for the customer. In these cases, the signer must be able to communicate with the notary and indicate their willingness and intent to sign with a full understanding of the document to be signed.

Two witnesses are normally required when a customer signs by mark, with assistance, or designates another person to sign on his or her behalf. The notary can act as one of the witnesses as well as the notary on the document. All signers and witnesses must personally appear and be properly identified at the time of the notarization.

Signing by Mark

Someone who is illiterate or disabled can make a mark, typically an X, on the line where a signature is required. The notary can print or type the customer’s name and the words “his mark” or “her mark” near the signature line.
 

Assisted Signatures

Someone who is physically unable to make a mark can rest his or her hand on the hand of an individual to hold the pen for them. To remain an impartial witness to the transaction, the notary should not be the individual holding the pen.
 

The Signature of a Designated Individual

If the customer is unable to sign by mark or with assistance, he or she may direct another person to sign the document. The customer, the designated signer and two witnesses must all be present and properly identified at the time of the signing. The customer must also clearly indicate to the notary that signing the document is his or her intention. The designated individual should sign his or her own name on the signature line with the customer’s name printed or typed underneath. 

Keep these ‘unique’ signatures in mind when dealing with customers who can’t sign their names.