[WSBAPT] Executing Will with Client that lacks ability to sign

[Lisa Schuchman]

Try this:

RCW 42.44.080
Standards for notarial acts.

A notary public is authorized to perform notarial acts in this state. Notarial acts shall be performed in accordance with the following, as applicable:

     (1) In taking an acknowledgment, a notary public must determine and certify, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary public and making the acknowledgment is the person whose true signature is on the document.

     (2) In taking an acknowledgment authorized by RCW 64.08.100 from a person physically unable to sign his or her name or make a mark, a notary public shall, in addition to other requirements for taking an acknowledgment, determine and certify from personal knowledge or satisfactory evidence that the person appearing before the notary public is physically unable to sign his or her name or make a mark and is otherwise competent. The notary public shall include in the acknowledgment a statement that the signature in the acknowledgment was obtained under the authority of RCW 64.08.100.

RCW 64.08.100
Acknowledgments by persons unable to sign name.
Any person who is otherwise competent but is physically unable to sign his or her name or make a mark may make an acknowledgment authorized under this chapter by orally directing the notary public or other authorized officer taking the acknowledgment to sign the person's name on his or her behalf. In taking an acknowledgment under this section, the notary public or other authorized officer shall, in addition to stating his or her name and place of residence, state that the signature in the acknowledgment was obtained under the authority of this section.
[1987 c 76 § 2.]
STATE OF WASHINGTON             )
                                    )  ss.
County of King                                    )

On this day and date, before me personally appeared _________________, to me known to be the individual described in the within and foregoing instrument, and acknowledged the said instrument to be her/his free and voluntary act and deed, for the uses and purposes therein mentioned. She/He further acknowledged that s/he is physically unable to sign her/his name [or make a mark, and authorized me to sign her/his name on her/his behalf under the authority of RCW 64.08.100].  I certify, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary public and making the acknowledgement is the person whose true signature is on the document.


GIVEN under my hand and official seal this _____ day of January, 2004.



                                                                        ___________________________________¬
                                                                        NOTARY PUBLIC in and for the State of
                                                                        Washington, residing at Seattle
                                                                        Commission Expires: _________________


Lisa E. Schuchman
206-325-2801
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Thursday, November 20, 2014 10:20 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Executing Will with Client that lacks ability to sign

I have a wills client who appears to be competent to execute a will, but lacks the physical ability to actually sign it. In addition, I am unsure whether they would even be able to verbally agree to the terms of his will because of their illness. The client's nurse has stated that the client's illness has not affected the client's awareness and understanding of the world around him, only that he has very, very limited motor control.

Any members of this list have any advice on what could be done to prove that this man executed his will as his own act and deed without a signature? Any assistance would be much appreciated! I cannot imagine that this sort of thing is unheard of, given the significant number of people afflicted with degenerative diseases affecting their muscle control.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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