Ensuring that the signer is fully informed about the document being signed and notarized is the primary objective. In cases where the signer is visually impaired and unable to read the document, it is crucial to verify their understanding of its contents. Certain states offer specific guidelines for notarizing documents for visually impaired signers.
Inability to sign
In some cases, a customer may not be able to sign due to visual impairment. If a person is unable to sign a document due to visual impairment, many states — including Iowa, Michigan and Washington — permit the signer to direct the Notary or another person to sign the disabled person’s name on the document (known as "signature by proxy") while the disabled person is present during a notarization. Be sure to follow any instructions or requirements in your state — for example, in Michigan, the Notary may sign the name of the disabled individual, but the individual must be present before the Notary and orally, physically or otherwise direct the Notary to sign. The Notary also must write beneath the signature, “Signature affixed pursuant to section 33 of the Michigan notary public act.”
In some states, additional witnesses must be present before a third party can sign on behalf of a disabled individual. For example, Massachusetts, Nebraska, North C
The primary responsibility is to ensure that a visually impaired signer comprehends the document being signed and notarized. In cases where the signer cannot read the document, it is crucial to verify that they understand its contents. While some states offer specific guidelines for notarizing for visually impaired signers, others, like California, do not have statutory provisions. In such instances, it is advisable to engage in a conversation with the signer to gauge their familiarity with the document. If discrepancies arise or the signer appears unaware of the document's content, notarization should not proceed.
When notarizing for visually impaired individuals, Notaries in Florida, Illinois, and Indiana are required to read the document aloud to the signer. Notaries should refrain from interpreting the document or providing legal explanations, as this could be deemed unauthorized legal practice. Although not mandatory in Maine or North Dakota, these states recommend reading the document to visually impaired signers without offering interpretations or soliciting input.
In situations where a person with a visual impairment is unable to sign, certain states, such as Iowa, Michigan, and Washington, allow the signer to instruct the Notary or another individual to sign on their behalf while they are present during the notarization. Compliance with state-specific regulations is essential. For instance, in Michigan, the Notary can sign the disabled person's name only if directed by the individual in person, and the Notary must include a specific statement below the signature as required by law.
In jurisdictions like Massachusetts, Nebraska, North Carolina, and Rhode Island, additional witnesses are necessary before a third party can sign on behalf of a disabled individual. Texas mandates the presence of a single identified witness, while Wyoming permits either a single unaffected witness or the Notary to sign as a proxy under specific conditions.
arolina, and Rhode Island only permit disabled signers to direct someone else to sign their name if two witnesses unaffected by the document are present, and Texas requires a single witness who must also be identified by the Notary. Wyoming allows a single witness unaffected by the document to sign as a proxy in the Notary's presence or a Wyoming Notary may be directed to sign as the proxy if 2 witnesses unaffected by the document are present.
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