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

Thu Nov 20 11:56:54 PST 2014

Thank you!  I am in need to this information for a current client.

Tom

On Thu, Nov 20, 2014 at 11:13 AM, Lisa Schuchman <lisa at lisaschuchman.com>
wrote:

>  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
>
> Education is what you get when you read the fine print.  Experience is
> what you get when you don’t. -Pete Seeger
>
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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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