Part 4, Section 7
Impaired Signers

Although a person may be physically or mentally impaired, they still have legal issues that need to be handled, and they have every right to handle their own, if they are able. 

If a person is physically impaired in such a way that they cannot even sign by making a mark, then notarization of a document for this person may be impossible.  If you witness someone guiding the signer’s hand in signing the document, then you must refuse to notarize this document.  Persons in such a physical state usually have a guardian appointed to handle their legal affairs.

If a person is hearing and/or speech impaired, but can still communicate either by written notes, sign language that the notary can understand, reading lips, etc., then notarization will most likely proceed just fine.  Although not required by law, it is a good practice to make sure the person understands what they are signing and can communicate with you that they are signing willingly.

A blind person presents a different set of possible problems and there is so much opportunity for fraud in this situation that a notary must be extra careful.  If asked to notarize a document for a blind person, it is recommended that you ask the person what they are signing and what the document is for, although this is not required by California notarial law.  If necessary, you may have to read the document to the signer just to be sure they know what it is.  Be careful not to explain anything in the document as this could be construed as giving legal advice. 

A mentally impaired person could be a person who either has a very low IQ, birth defects or injuries that causes a lack of comprehension.  Usually, a guardian is appointed to handle their legal affairs for them. 

What you may encounter is a person who is obviously intoxicated or on medication that impairs their mental capacity.  If it appears that the signer is unable to understand what is going on, it is recommended that you decline to notarize.  In some cases, such as with intoxication, you may be able to simply ask the person to come back later.
 

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