Signing A Document for an Individual with a Disability.

The Texas Secretary of State provides the following instructions for signing a document for an individual with a disability:
A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization:

• if directed to do so by the disabled individual; and
• in the presence of a witness who has no legal or equitable interest in the transaction.

The notary must include the following beneath the signature for the individual:

“Signature affixed by notary in the presence of (name of witness), a disinterested witness, under section 406.0165, Government Code.”

This procedure may only be used with persons who are physically unable to sign. It may not be used with a person who cannot sign because of illiteracy or who prefers to have another sign as a matter of convenience. It may not be used with documents that do not need notarization.

Both the disabled signer and the witness must be identified by the Notary either through personal knowledge, a credible identifying witness personally known to the Notary, or through an authorized ID card.

A link to the Secretary of State is provided to the right. Check back soon for more information updates.