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Notarized Signature authentication for people with disabilities

Michael Decker
Michael Decker

One of the most important responsibilities of a notary public is to verify the identity of a person signing a document. There are a number of legal documents that, once signed, create a new legal reality – creating a general power of attorney, authorizing a real estate transaction, and more.

A notary public is present in these cases to verify that the person in whose name the legal action is being taken is indeed the person who physically signs the document. The notary public usually verifies the identity of the signer by their passport or ID card. This article specifically discusses notarized signature authentication for people with disabilities – authentication by a notary public when the person whose signature is authenticated is medically and legally incompetent, blind, mute, deaf, has no signature, or is illiterate.

Notarized Signature authentication for people with disabilities

The Person Identifying as the Legal Signer is Hospitalized or Bedridden

Pursuant to Section 4(e) of the Notary Regulations of 1977, a notary shall not notarize an action undertaken by hospitalized or bedridden signers who cannot meet the notary at his office, unless he is presented with a medical certificate as required in the form appearing in the first appendix of the law. The medical certificate must be issued on the same day as the notarization and must be attached to the notary’s copy of the notarized document.

The issue of a medical certificate usually arises in relation to wills signed before a notary public. Objections are often filed when wills are signed before a notary public by a signer who, as claimed, should have been required to obtain a medical certificate before signing the will. In this context, we recommend our article on the procedure for objecting to a probate order.

Israeli Case Law Interpretation of the term “Bedridden”

In estate case 3982/93, Judge Esther Covo gave a very broad interpretation to the definition of “bedridden.”

She ruled that “bedridden” should be understood not only in its technical meaning, but should also include anyone who has difficulty in moving around. This may include, for example, an elderly person who has difficulty leaving his home due to his age or illness.

Therefore, in cases where it appears that a person is unable to move around easily for any reason, the notary may be obliged to require a medical certificate before authenticating the person’s signature.

In contrast, there are people with disabilities who claim that physical disability does not necessarily render a person to be cognitively impaired or incompetent and, therefore, physically disabled people should not be required to present a medical certificate. This stance, however, is not represented by the law or case precedent.

Signature Authentication for a Mute, Deaf, or Blind Person

Pursuant to Section 8 of the Notary Regulations, if notarization is needed for a mute, deaf, or blind person, the notary public shall state this in the notarial certificate, and shall also state how he came to the conclusion that the mute, deaf, or blind person understands the meaning of his action.

Fingerprint Instead of Signature

If the notary public is convinced that the person standing before him does not know how to sign their name, then instead of a signature, the person standing before the notary must add their fingerprint.

Notarized Signature authentication for people with disabilities – Summary

In conclusion, a notary public’s responsibility when authenticating signatures is great and, therefore, he must add a medical certificate when authenticating the signature of someone who is hospitalized, elderly, or sick.

In addition, if the signer is blind, mute, or deaf, the notary public must indicate this. He must also indicate the reason why he believes that the blind, mute, or deaf person understands the meaning of his action.

Also, when a signer is illiterate, for example, and unable to sign documents, he must add his fingerprint instead.

Contact a Notary Public to Authenticate Your Signature and Documents

If you need a notary public to authenticate the signature of a person with or without disabilities, notarial translation, or any other type of notarial act, we are at your service. Call our law firm in Jerusalem and Tel Aviv for help.

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