Notarizing for a visually impaired or blind signer requires extra steps to ensure informed consent and legal compliance. How can you be sure the signer is willing if the signer can’t read the document? Don’t worry, there are ways to overcome these extra challenges, as long as you are careful.
Confirming a visually impaired signer’s document awareness
The most important task is to ensure the signer is aware of the particulars of the document being signed and notarized. However, since a blind signer or visually impaired signer can’t read the document to confirm this, you’ll need to confirm the signer knows what the document actually says. Some states provide instructions when notarizing for a visually impaired signer:
- Some states, such as California, do not provide statutory guidelines when notarizing for someone who's visually impaired. If your state does not provide guidelines for notarizing for a person with visual impairment, you can still talk with the signer and ask if the signer can describe the document in general terms. If the signer’s description differs or the signer does not seem to recognize its contents, do not proceed with notarization.
- When notarizing for a visually impaired person, Notaries in Florida, Illinois and Indiana must first read the document to the signer. The Notary may not explain the document’s meaning or answer questions about its legal effect, as this is considered the unauthorized practice of law. Though not required by law in Maine or North Dakota, these states also recommend reading the document to a visually impaired signer without offering advice or asking questions.
Alternatives if a visually impaired person cannot sign
In some cases, a customer may not be able to sign due to their 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 visually impaired person’s name on the document (known as “signature by proxy”) while the 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 visually impaired 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 visually impaired individual. For example, Massachusetts, Nebraska, North Carolina, and Rhode Island only permit such 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 the Notary may be directed to sign as the proxy if 2 witnesses unaffected by the document are present.
Asking another person to sign on their behalf leaves a disabled signer extremely vulnerable to potential exploitation. It’s strongly recommended that you first contact your state Notary-regulating office or the NNA Notary Hotline if you are asked to do this and have any questions or concerns.
Frequently Asked Questions
Can a Notary sign on behalf of a visually impaired person?
In some states, a Notary or third party may sign on behalf of a visually impaired signer through a process called "signature by proxy," provided the signer directs them to do so and any state-required witnesses are present.
Do Notaries have to read documents aloud to blind signers?
It depends on the state. Florida, Illinois, and Indiana require Notaries to read the document aloud. States like Maine and North Dakota recommend it but do not mandate it.
What states allow signature by proxy for disabled signers?
Iowa, Massachusetts, Michigan, Nebraska, North Carolina, Rhode Island, Texas, Washington and Wyoming are among the states with signature-by-proxy provisions, each with varying witness requirements.
Related Articles:
A guide to notarizing for physically impaired signers
Notary Tip: How to be prepared for signers with special needs