[WSBARP] executing by Mark - Notary

[Mark Anderson]

See RCW 42.45.070 and RCW 64.08.070.  Also, the short forms found in RCW 42.45.140(1) and (2) don’t seem to rely on any signature in any form.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-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: [WSBARP] 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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