Updated 9-23-22. There are times when a person needs to sign a document and have it notarized immediately, but the person is unable to write at all. Some states allow signers who can’t write to use an option called signature by proxy, where someone else present signs on behalf of the person who is unable to write. Here are answers to the most common questions about signatures by proxy.
How does a signature by proxy work?
The basic idea is that since the person requesting the notarization is physically unable to write, they direct someone else to sign the document as their proxy.
What do state Notary laws say about proxy signatures?
Depending on state laws, there are different restrictions for who may act as the proxy.
In Florida, Michigan and Texas, the disabled person must direct the Notary to sign the document on the disabled person’s behalf. Florida also requires a signature by proxy to be witnessed by two other people with no interest in the document. Texas also requires a single disinterested witness who must provide the Notary with proof of identity in the same way as the signer. Michigan does not require additional witnesses for a signature by proxy.
All three states require a Notary signing by proxy to include a statement on the document that the signature was affixed by the Notary. For example, Florida Notaries must write “Signature affixed by notary, pursuant to s. 117.05[14], Florida Statutes” below the signature.
Hawaii allows a Notary to sign as a proxy, but the Notary must be provided with a doctor’s written certificate that the person is physically unable to sign or make a mark but can communicate their intention to the Notary.
In Colorado and Minnesota, a third party — not the Notary — must sign the document at the disabled person’s direction while the disabled person and the Notary are present. The words “Signature attached by (name)” or “Signature written by (name)” must be included under or near the signature. Minnesota also allows the third party to use the individual’s signature stamp to make the signature by proxy. North Carolina requires a disinterested third party to be the signer by proxy and to sign the document in the presence of the Notary and two other witnesses unaffected by the document.
Do not notarize a signature by proxy in states whose Notary laws do not provide statutory guidelines, such as Pennsylvania. Always check your laws before proceeding to notarize signatures by proxy. For example, California's Notary laws do not provide statutory guidelines for signatures by proxy involving general documents, but California Probate Code 4121 allows a signature by proxy to be used for signing power of attorney documents only, provided the signature is made by another adult in the principal signer's presence and at the principal signer's direction.
Is a signature by proxy the same as a power of attorney?
No. A power of attorney gives someone legal power to sign documents and make decisions on behalf of another individual. Asking someone to sign as a proxy does not give the proxy power to make decisions for the signer.
Is a signature by proxy the same as a signature by mark?
No. Unlike a signature by mark, a signature by proxy is normally only used when a signer is completely unable to write, including being unable to make a mark such as an “X.”
Can someone hold or guide a signer’s hand instead of using a proxy signature?
No. It is never appropriate for another person to physically hold and move a signer’s arm to make a signature if the signer is unable to write without help. If someone asks you to notarize a signature made this way, you must tell them no.
David Thun is the Assistant Managing Editor with the National Notary Association.
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