Legal Question in Business Law in California
signature for disabled person
Hello. I am the founder and a board member of a non-profit organization. It is incorporated in WA, but I live in CA. We are new. I need a signature on a document from the other board member, who lives in WA, 1200 miles from me. He is physically disabled and is unable to write at all, or handle any inconvience, plus it would be impossible to send the letter to him, and hope someone at the nursing home could help, and I need this today. Naturally, he has approved the document to be signed. I would like to know the simplest way that I can legally send the document to the party, with our board member's alternate to a signature, or that I validated it, etc., and without me having to go to a local attorney or preferably even a notary, as I cannot drive currently.
Yes, eventually we will figure out a better way.
Thank you.
3 Answers from Attorneys
Re: signature for disabled person
Remember in old Westerns where non-readers would sign "X" or "make their mark"? Fax him the document and ask two people to witness the "X" and you should be OK.
Re: signature for disabled person
There are not enough facts here to analyze your problem. Have your lawyer analyze whether you can hold a meeting without this member and accomplish the board action. You have not told me what the board action is, but perhaps you can accomplish it without the signature and ratify it through a future board action. Perhaps you can first kick this member off of the board and then take action. It just depends on the facts, the bylaws and the law.
There may also be laws regarding incapacity written into the Delaware statute or your bylaws.
It seems odd that you have to accomplish this thing today but have not sought the assistance of a lawyer.
Re: signature for disabled person
There are not enough facts here to analyze your problem. Have your lawyer analyze whether you can hold a meeting without this member and accomplish the board action. You have not told me what the board action is, but perhaps you can accomplish it without the signature and ratify it through a future board action. Perhaps you can first kick this member off of the board and then take action. It just depends on the facts, the bylaws and the law.
There may also be laws regarding incapacity written into the Delaware statute or your bylaws.
It seems odd that you have to accomplish this thing today but have not sought the assistance of a lawyer.
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