Signing By Mark
A declarant who is unable to
create his or her own signature may
execute a
mental health living will by placing a mark on the document. Some reasons that a person
cannot complete a signature may be illiteracy or a weakened physical
condition. An "X" is commonly thought of as this type of signature.
The declarant's mark alone is not typically sufficient to create a valid
document, the mark must also be "subscribed" by another person. To subscribe
a mark, another person must write the declarant's name around the
principal's mark.
For Example:
The "X" is the only writing that has been made by the principal. All of the
other writing has been done by the subscribing person on the principal's
behalf. After the principal, John Smith, made an "X" on the document, the
subscribing person wrote "John Smith" and "HIS MARK" around the "X" to show
that it was made by Mr. Smith.
HIS
John X Smith
MARK
As with every mental health living will, any document signed by a mark must
have at least two
subscribing witnesses who were present and observed the entire process.
Without two subscribing witnesses, the document is improperly executed and
cannot be followed.
See: Signing By Another Person
