Signing By Mark
A principal who is unable to
create his or her own signature may
execute a
power of attorney 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 principal'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 principal'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
Every power of attorney 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;
Witnesses, Generally
