[WSBARP] [WSBAPT] executing by Mark - Notary

[Eric Nelsen]

Chapter has changed to Ch. 42.45 RCW. For person unable to sign:
https://app.leg.wa.gov/RCW/default.aspx?cite=42.45&full=true#42.45.070

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, September 9, 2021 4:16 PM
To: wsbar <wsbarp at lists.wsbarppt.com>; wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] executing by Mark - Notary

I tried to find what the RCW re: what a notary must do when a person signs by Mark.  I have an old file with notary rules all in RCW 42.44.  But in the last 100 years those provisions must have moved?  One form I have used has the following language:
On this day personally appeared____ who executed the instrument by her mark, in my presence, said instrument having been read to her, she being a person unable to read or write and she acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes herein set forth.
Is that required language when a mark is used?  This will be on a Power of Attorney  and the signatory can only make a mark and can’t verbalize much of anything regarding acknowledging what she is signing.
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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