Pennsylvania POA Agent Options When Principal is Unable to Sign

What options does a "soon-to-be" power of attorney (aka Agent) have when the principal signer is physically unable to sign a document in Pennsylvania?

1. Signature by Mark (Allowed) A Pennsylvania resident who cannot sign their full name can use a mark (like an "X").

• Witness Requirements: Under Pennsylvania’s Statutory Construction Act, a mark is only a legal signature if it is accompanied by the signer's printed name and witnessed by another person who signs their own name.

It is strongly recommended having two disinterested witnesses present to watch the mark being made and sign the document to protect against fraud.

• Wording: The notary should type or print the individual's name and the words "his mark" or "her mark" near the signature line.

2. Assisted Signature / Guided Hand (Allowed with limits) If a signer is physically incapable of making a mark on their own, someone else can help them.

• The Rule: The signer may rest their hand on the hand of an individual holding the pen.

• The Restriction: To ensure impartiality, the notary must never be the person holding or guiding the pen. Another independent individual must provide the physical assistance.

3. Signature of a Designated Individual / Proxy (Allowed) If the principal signer cannot sign by mark or use physical assistance, Pennsylvania explicitly permits them to direct another individual to sign on their behalf.

• The Process: The customer must verbally and clearly communicate their intention to the notary and witnesses.

• The Proxy's Signature: The designated signer must sign their own name and print the word "for" followed by the principal signer's name.

• Witnesses: It is recommended that two independent witnesses be physically present alongside the notary, the customer, and the designated proxy.

4. Power of Attorney (Allowed) An authorized attorney-in-fact can sign documents on behalf of a principal in Pennsylvania. The notary must verify the identity of the agent/representative, verify their capacity, and record the representative's information in the notary journal.

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