GUIDE · BEDSIDE SIGNINGS
Signature by Mark: When Someone Can’t Sign Their Name
Illness, a stroke, arthritis or an injury can make it hard or impossible to sign. Massachusetts law has two ways to notarize a document for someone in that situation. Here’s how each works, who needs to be in the room, and how to prepare so the visit goes smoothly.
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Two legal options
When a signer can’t write their full name
- Signature by mark, with two witnesses
- Signature by the notary, at the signer’s direction
- Bedside visits, 24 hours a day
- Witnesses arranged if needed
The two options at a glance
| Signature by mark | Signature by the notary | |
|---|---|---|
| When it’s used | The signer can make a mark, such as an X, but can’t write their name | The signer can’t sign or make any mark |
| Who must be present | The signer, the notary and two unaffected witnesses | The signer, the notary and two unaffected witnesses |
| Who signs | The signer makes the mark; both witnesses sign their names beside it | The notary signs the signer’s name at the signer’s direction; both witnesses sign beside it |
| What the notary adds | A notarial certificate (acknowledgment, jurat or signature witnessing) | The statement “Signature affixed by notary public in the presence of” with the names and addresses of the signer and both witnesses, then the notarial certificate |
| Law | M.G.L. c. 222, § 15(f) | M.G.L. c. 222, § 15(g) |
These options cover notarizations. Some documents, such as wills and health care proxies, have their own signing and witness rules, set by different laws.
How a signature by mark works
Under the Massachusetts notary law, M.G.L. c. 222, § 15(f), a notary may certify a signature by mark when the signer makes the mark in front of the notary and two witnesses who are unaffected by the document, and both witnesses sign their own names beside the mark. The document is then notarized with an acknowledgment, a jurat or a signature witnessing, whichever the document calls for.
In practice, the signer’s name is usually printed near the mark, for example “Jane Doe, her mark,” so anyone reading the document knows whose mark it is. The notary records both witnesses in the journal.
- 1
Confirm identity
The notary checks the signer’s ID, or uses one of the other identification methods Massachusetts allows.
- 2
Confirm willingness
The signer shows they understand the document and want to sign it.
- 3
The signer makes the mark
In front of the notary and both witnesses.
- 4
Witnesses sign
Each witness signs their own name beside the mark.
- 5
Notarization
The notary completes the certificate, signs and seals it.
When the notary signs for the signer
If the signer is physically unable to sign or make a mark, § 15(g) lets the notary sign the signer’s name for them. The signer must direct the notary to do it, in front of two unaffected witnesses, and the notary must have no compelling doubt about whether the signer is acting of their own free will.
The notary signs the signer’s name in the presence of the signer and both witnesses. Both witnesses sign beside it, and the notary writes beneath the signature: “Signature affixed by notary public in the presence of” followed by the names and addresses of the signer and the two witnesses. The document is then notarized.
Signature-by-mark instructions and certificate
Download a two-page PDF: an instruction page explaining who must be present and how the mark, the witness signatures and the certificate are completed, followed by a Massachusetts acknowledgment certificate for a signature by mark that can be attached to the document, with a Description of Attached Document box. Share it with family members or the attorney so everyone knows what to expect.
Download the instructions and certificate (PDF)
A form for illustration only, not legal advice. The notary is responsible for completing the certificate correctly at the signing.
Who can be a witness
- Adults who aren’t named in the document and won’t benefit from it
- Not the agent named in a power of attorney or health care proxy
- Two witnesses in addition to the notary
- Often not hospital staff: many units don’t allow staff to witness, so ask first
- We can bring witnesses or help you arrange them, so tell us when you request the visit
Identification at the bedside
Under M.G.L. c. 222, § 1, Massachusetts accepts three ways to identify a signer: a current government-issued photo ID with a signature (a driver’s license, state ID or passport); a credible witness who personally knows the signer, is personally known to the notary and has no stake in the document, under oath; or the notary’s personal knowledge of the signer.
An expired ID isn’t acceptable, and neither is a hospital wristband or a medical record. If the patient’s wallet is at home, ask a family member to bring the ID before the visit.
When the notary has to say no
Under M.G.L. c. 222, § 16, a Massachusetts notary must refuse a notarization if the signer isn’t present, identity can’t be confirmed, there’s compelling doubt the signer understands the consequences of what they’re signing, or the signer isn’t acting of their own free will. A notary also can’t notarize for a close relative, or where the notary is named in or benefits from the document.
A notary can’t refuse just because someone has a disability or is elderly. A signature by mark exists precisely so that people who can’t sign their name still have a voice.
Documents that follow their own rules
| Document | What Massachusetts law says |
|---|---|
| Health care proxy | Signed by the person, or at their direction, in front of two adult witnesses. The agent can’t be a witness. Notarization isn’t required. |
| Will | Signed by the person, or in their name by someone else in their conscious presence and at their direction, with at least two witnesses. A self-proving affidavit is signed before a notary. |
| Durable power of attorney | Must be in writing with language showing it stays in effect if the person becomes incapacitated. It must be acknowledged before a notary to be recorded for real estate. |
We’re notaries, not lawyers. For questions about which method a document needs, ask the attorney who prepared it.
How to prepare for the visit
- 1
Tell us about the signer
Let us know if they may need to sign by mark or direct someone to sign, so we bring witnesses if needed.
- 2
Have the document ready
Unsigned, complete and with no blank spaces. A notary can’t notarize a blank or incomplete document.
- 3
Bring the ID
A current government-issued photo ID with a signature.
- 4
Check with the unit
Confirm visiting hours and the best time, when the patient is most alert.
Frequently asked questions
Can someone sign with an X in Massachusetts?
Yes. Massachusetts law lets a notary certify a signature by mark, such as an X, when the signer makes the mark in front of the notary and two witnesses who have no stake in the document, and both witnesses sign their own names beside the mark.
What if the person can’t make any mark at all?
Massachusetts lets the notary sign the signer’s name for them, at the signer’s direction, in front of the signer and two unaffected witnesses. The notary then writes beneath it that the signature was affixed by the notary in the presence of the signer and the two witnesses, with their names and addresses.
Can a family member sign for the patient?
Not for a notarization. Massachusetts’ notary law provides for signature by mark and for the notary signing at the signer’s direction, but it doesn’t authorize a relative to sign for someone else. Some documents, such as a will or health care proxy, have their own rules about signing at someone’s direction, so ask the attorney who prepared the document.
Who can be a witness?
Each witness must be unaffected by the document: not named in it and not someone who benefits from it. We can bring witnesses or help you arrange them. Hospital staff often can’t serve as witnesses, so check with the unit first.
Can the notary be one of the two witnesses?
The law requires the mark to be made in the presence of the notary and two witnesses, so plan on two witnesses in addition to the notary.
Is a hospital wristband enough ID?
No. Massachusetts requires a current government-issued photo ID with a signature, a credible witness who knows the signer and is personally known to the notary, or the notary’s own personal knowledge. A wristband or medical record doesn’t qualify.
Does a health care proxy need to be notarized?
Massachusetts doesn’t require it. A health care proxy must be signed by the person (or at their direction) in front of two adult witnesses, and the agent can’t be a witness. Some families notarize it anyway, and we’re glad to help.
Will the notary decide if the person is competent?
No. A notary doesn’t make medical or legal judgments. The notary must refuse if there’s compelling doubt the signer understands what they’re signing or is signing willingly. If capacity is in question, talk with the medical team and the attorney before the visit.
Need a notary at the bedside?
Tell us where the signer is and what they’re signing. We’ll confirm what’s needed, including witnesses.