Underwriting Q&A: Is there an alternative for the notarization of a document when the individual has a (physical) disability that impedes their ability to sign the document? (TX)

A: Yes, Section 406.0165 of the Texas Government Code provides a method for notarization of a document for an individual with a disability. The statute provides that a notary may sign the name of the individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by the document being signed. The notary shall require identification of the witness in the same manner as from an acknowledging person under the Civil Practices and Remedies Code (current federal/state government issued identification containing a photograph and signature). A notary who signs a document under this section of the statute should affix beneath the signature the following sentence: “Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code.” A signature made under the provisions of this statute is effective as the signature of the individual on whose behalf the signature was made for any purpose. A subsequent bona fide purchaser for value may rely on the signature of the notary as evidence of the individuals consent to the execution of the document. Note that “disability” under this section of the statute means a physical impairment that impedes the ability to sign or make a mark on the document. When this procedure is utilized, the notarization must occur at the office of the title company or through use of an approved notary of the title agent.

_____________________

[Name of Individual]

“Signature affixed by notary in the presence of [insert name of disinterested witness], a disinterested witness, under Section 406.0165, Government Code.”

State of Texas

County of _______________

Before me, [insert name of notary], a notary public, on this day personally appeared [insert name of disabled acknowledger], a person having a physical impairment that impedes [his/her] ability to sign this instrument and first being proved to me by identification card issued by [insert name of federal or state government issuing identity card] that contained the photograph and signature of [insert name of disabled acknowledger] directed me to affix [his/her] signature to the foregoing instrument in the presence of [insert name of disinterested witness], a person having no legal or equitable interest in any real or personal property that is the subject of or is affected by this instrument and a person also proved to me by identification card issued by [insert name of federal or state government issuing identity card] that contained the photograph and signature of [insert name of disinterested witness], and [insert name of disabled acknowledger] acknowledged to me that [he/she] directed me to execute the instrument on [his/her] behalf for the purposes and consideration therein expressed.

Given under my hand and seal of office this ______ day of _________, A.D.,___________.

(Seal)