When a signer is unable to write their name, they may still sign the document by making a mark, which can serve as their signature. (Civil Code section 14)
The requirements for notarizing a signature by mark are as follows:
The individual signing by mark must be properly identified by the notary public through satisfactory evidence to ensure their identity. (Civil Code section 1185)
Must Be Witnessed
The signer’s mark must be witnessed by two individuals, who are required to sign the document as witnesses. One witness should write the signer’s name next to the mark and then sign their own name to verify they witnessed the act. The witnesses are simply confirming that they observed the individual making their mark on the document.
A notary public is not required to identify the two witnesses who observed the signing by mark or to have them sign the notary’s journal. However, if the witnesses are serving as credible witnesses to verify the identity of the person signing by mark, their signatures must be recorded in the notary’s journal.
Notary Journal
The signer making a mark must also place their mark in the notary public’s journal. To validate the mark as a signature, it must be witnessed by an individual who writes the signer’s name next to the mark and then signs their own name as a witness.