Q. My wife suffered a stroke and is essentially paralyzed. However, her mind is sharp. I need her to sign a Power Of Attorney so that I can take care of our financial affairs. Is there any way to do this?
A. Yes. Where a person has sufficient mental capacity to understand the nature of the document he or she proposes to sign, and where the only limitation is a physical inability to perform the act of signing, the law provides alternative methods to obtain a legally valid signature:
Signature by Mark: If your wife is unable to sign his or her full name, she might make a mark, such as an “X”, on the desired document. The signing must be witnessed by two disinterested witnesses, each of whom must also sign the document reciting that they watched your wife place her mark on the document, and one of the witnesses must actually sign her name adjacent to her mark. If she does not have use of her arms, a pen might be placed between her teeth to enable her to mark the legal document. However, care must be taken so that the actual mark or “dot” on the paper is the act of your wife.
Signature by Amanuensis: Where a person is totally paralyzed and would not even be able to clench a pen in his or her teeth, but is able to speak and give instruction, there is another procedure called signing by “amanuensis”. In legal parlance, an “amanuensis” is an assistant who copies or writes from the dictation of another. Thus, if your wife is totally immobile, but if her mind is clear and she can speak or otherwise give direction, she could direct someone to sign her own name on a legal document. The actual signer should be a disinterested person, other than yourself, and the signing should occur in your wife’s presence. It would be best if a notary were also present to notarize the document. Note: most notaries will be unfamiliar with this procedure, and so you should engage a knowledgeable attorney who can explain the process to the notary and supervise the signing.
Laser Pointer To Give Direction: In some situations, the paralyzed individual may have also lost the power of speech. Yet, if he or she retains some method of communication, such as by eye movements in response to questions or via a laser pointer she can control with some part of her own body to point to letters or words on a communication board, the process of signing by amanuensis could be modified to accommodate that limitation. It would also be helpful if a doctor wrote a letter affirming her ability to understand and communicate by the eye movements or laser pointer. I would again recommend that an attorney be present to supervise the process, and the signing process be recorded on video. For laser pointers and other solutions to communication, check out this website: store.lowtechsolutions.org. You might also wish to engage the services of an assistive technology specialist for other ides to facilitate communication, and for that see the following website: resna.org
Blind Signer: If the principal is blind, but otherwise has the use of her limbs, I would recommend that the entire document be read to her, word for word, and her understanding confirmed. A ruler or “cut out” template might be used to guide the placement of her hand so that she signs at the appropriate place on the document. Again, I recommend that the entire process be videoed. A witness might also certify the principal’s understanding and a notary should be present to notarize the document.
In your case, with patience and some thought, your wife’s signature on the Power of Attorney can be legally secured.