As senior citizens age they may have difficulty carrying out everyday tasks such as signing their name. Although their mind remains sharp, they may lose the ability to carefully sign important documents. The use of a power of attorney may not be necessary considering all 50 states permit an individual to sign his or her name by an “X”.

Standard Requirements:

1) The borrower must be present before a notary public

2) Have proper identification (based on state laws)

3) Be able to comprehend and communicate clearly that their signature is by their own will and with no concerns as
to competency

4) The mark should be witnessed by two persons other than the notary, who also have proper identifications

5) The notary should record journal entry signer’s mark, the witness’ signatures and any additional information regarding special circumstances

Each state may have its own requirements. Please verify with your Settlement Team regarding specific signature by mark procedures.