[WSBAPT] Signature by mark
Melody Tucker Law
melodytuckerlaw at hotmail.com
Sat Feb 14 12:50:41 PST 2026
It sounds like the ultimate “Catch-22”.
They cannot sign their signature, so they make their mark. But then you have to document that the mark that was made was made by the principal. I’ve gone around and around on this so many times with people in my office and other attorneys and I finally came to the conclusion that the only way to avoid a denial of a power of attorney or a will or whatever document is to allow the principle to make their mark, and then to add to the document a declaration that:
1. I know the principal,
2. That he/she is the person who was unable to sign,
3. and that I witnessed them making the mark.
The RCW definitely states that a “statement shall not be required if the testator shall evidence the approval of the signature…”. But how do you “evidence” the approval of the signature without a specific statement to that effect?
Rather than fight, the battle, with whatever entity might challenge the power of attorney and the validity of the “mark”, I find it less frustrating to simply prepare a statement and attach it to the document, so there can be no question as to the fact that the principal made that mark and makes the document enforceable.
Melody Claire Tucker
Attorney at Law
WSBA #42096
Melody Tucker Law
P.O. Box 2029
Lynnwood, WA 98036
206-228-4980 Fax: 425-743-5921
website: MelodyTuckerLaw.com
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On Feb 14, 2026, at 11:13 AM, Ann Manley <ann at manleyfirm.com> wrote:
I'm so confused. RCW 11.125.050 says that "A power of attorney shall be considered signed in accordance with this section if, in the case of a principal who is physically unable to sign his or her name, the principal makes a mark in accordance with RCW 11.12.030".
RCW 11.12.030 says "That such signing and statement shall not be required if the testator shall evidence the approval of the signature so made at his or her request by making his or her mark on the will."
So is making a mark sufficient??
Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com/>
The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims
* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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On Sat, Feb 14, 2026 at 10:34 AM Melody Tucker Law <melodytuckerlaw at hotmail.com<mailto:melodytuckerlaw at hotmail.com>> wrote:
Yes. Power of Attorney for Financial Matters, Power of Attorney for Health Care (I do not combine these as some people do. They are two separate documents), and all Wills, of course.
How do you handle these?
Melody Claire Tucker
Attorney at Law
WSBA #42096
Melody Tucker Law
P.O. Box 2029
Lynnwood, WA 98036
206-228-4980 Fax: 425-743-5921
website: MelodyTuckerLaw.com
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
On Feb 14, 2026, at 10:22 AM, Ann Manley <ann at manleyfirm.com<mailto:ann at manleyfirm.com>> wrote:
Melody are you getting powers of attorney witnessed too?
Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com/>
The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims
* The Manley Law Firm is a Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code.
This email and any files transmitted with it are privileged, confidential, and intended solely to whom they are addressed. Any unauthorized use, copying, review or disclosure is prohibited. If you have received this communication in error, please immediately notify the sender.
On Sat, Feb 14, 2026 at 10:14 AM Melody Tucker Law <melodytuckerlaw at hotmail.com<mailto:melodytuckerlaw at hotmail.com>> wrote:
I know the “rules” say either notary or witnesses. But I have had problems with banks who insist they need to have witnesses, not notary… And then other others who say they need to have a notary, not witnesses. I got tired of jumping through their hoops, and so I do both: have two witnesses sign the Attestation and also I notarize the document. That way it seems to keep everybody happy.
Melody Claire Tucker
Attorney at Law
WSBA #42096
Melody Tucker Law
P.O. Box 2029
Lynnwood, WA 98036
206-228-4980 Fax: 425-743-5921
website: MelodyTuckerLaw.com
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
On Feb 14, 2026, at 10:03 AM, Tom Westbrook <tjw at w3net.net<mailto:tjw at w3net.net>> wrote:
Don’t you still need to have two witnesses observe and sign as well?
Cheers, Tom Westbrook
Retired, Emeritus
Get Outlook for iOS<https://aka.ms/o0ukef>
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Melody Tucker Law <melodytuckerlaw at hotmail.com<mailto:melodytuckerlaw at hotmail.com>>
Sent: Saturday, February 14, 2026 9:53:22 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com> <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Signature by mark
I had a client who was barely even able to hold a pen, but he wanted to sign the document. All he could do was make a very messy “X“ sort of near the line where the signature goes.
I did the attestation that he was known to me, he showed me his ID, and I saw him make that mark on the document, and that it was his mark and his intent to execute the document. And I signed it as the notary. It passed all scrutiny from the court, never a problem at all.
Melody Claire Tucker
Attorney at Law
WSBA #42096
Melody Tucker Law
P.O. Box 2029
Lynnwood, WA 98036
206-228-4980 Fax: 425-743-5921
website: MelodyTuckerLaw.com
CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
On Feb 14, 2026, at 9:25 AM, Brent Williams-Ruth <brent at williams-ruthlaw.com<mailto:brent at williams-ruthlaw.com>> wrote:
Great question! A mark can count - but if your situation makes it where they cannot even make a mark you need to make sure the notarization is done pursuant to RCW 64.08.100.
It is really very easy but in case you have someone that ever goes to challenge (such as a mean old bank or investment company) you will want to make sure it is 100% by the book!
Brent
For reference, here is what the statute says:
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.
Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law
Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC
Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003
Mailing Address: PO BOX 3319; Federal Way, WA 98063
Office/Scheduling Phone: (253) 285-7751
For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>
e-mail<mailto:Brent at Williams-RuthLaw.com> / website<http://www.williams-ruthlaw.com/> / facebook<http://www.facebook.com/bwrlaw> /
On Sat, Feb 14, 2026 at 8:21 AM Ann Manley <ann at manleyfirm.com<mailto:ann at manleyfirm.com>> wrote:
Client is able to make a mark on documents, but it is not a legible signature. Does anything special need to be done to notarize this?
Ann Manley
ann at manleyfirm.com<mailto:ann at manleyfirm.com>
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