How to get a legal signature?
I work in an Adult Home. At times we are faced with a problem of getting a signature from a resident in that the resident can not physically sign. What do we do in this case?
2 Answers from Attorneys
Re: How to get a legal signature?
The home should have an attorney. If it does not, it needs to retain one. You should consult this attorney, and see how he/she thinks it should be handled.
There are ways to handle such a matter. It would be best to have the home's attorney tell you which way s/he finds preferable.
Re: How to get a legal signature?
If the resident lacks the capacity to understand what they are signing, you can't get a legal signature from them. If they have a valid, durable power of attorney, their agent can sign for them, even if they are incapacitated.
If they have capacity, but can't sign for physical reasons, they can sign by making their mark and having it witnesses by two people, each of whom will sign and attest that the person made their mark and declared it to be their signature. If you would like a copy of the form to use, contact me by e-mail.
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