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As a notary, we have an obligation, and have sworn under oath to ensure that a signer is not under any duress when signing any document. This scenario is more common in situations where the signer is hospitalized or is unable to understand what is occuring due to severe illness. In Texas, the law does provide guidelines for processing a notarization for individuals with disabilities, which is defined as having a physical impairment that impedes the ability to sign or make a mark on a document. But what if the signer does not understand what they're signing? What if the signer displays signs of duress?
We will refuse to seal and notarize your document if any signer exhibits any signs of duress or confusion. The signer must be aware of what they are signing, and why. They must also be able to sign the document without the assistance of any observers. With regards to disabilities, if a signer is unable to sign or mark on a document, then the state laws are followed for these specific instances. Reference TX law: Sec. 406.0165. SIGNING DOCUMENT FOR INDIVIDUAL WITH DISABILITY. (a) 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 that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The notary shall require identification of the witness in the same manner as from an acknowledging person under Section 121.005, Civil Practice and Remedies Code. (b) A notary who signs a document under this section shall write, beneath the signature, the following or a substantially similar sentence: "Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code." (c) A signature made under this section is effective as the signature of the individual on whose behalf the signature was made for any purpose. A subsequent bona fide purchaser for value may rely on the signature of the notary as evidence of the individual's consent to execution of the document. (d) In this section, "disability" means a physical impairment that impedes the ability to sign or make a mark on a document. Sources: (Texas) GOVERNMENT CODE, TITLE 4. EXECUTIVE BRANCH, SUBTITLE A. EXECUTIVE OFFICERS, CHAPTER 406. NOTARY PUBLIC; COMMISSIONER OF DEEDS, SUBCHAPTER A. NOTARY PUBLIC |
AuthorRick Puente is the founder of South TX Notary, LLC. Categories
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