[blindlaw] Special Requirements for Affidavits Sworn by Blind People?

Fri Jul 29 15:15:35 UTC 2016

The United states has different requirements depending on which state
you are in.  The following is taken from the national Notary
Association.  Although it is from 2012 and may be a little out of date
if states have changed any of there rules.
What To Do If A Signer Is Visually Impaired
 By NNA Staff
on April 03, 2012
in
Healthcare Professionals
 It is not uncommon to encounter a patient who needs a notarization
but is visually
impaired in some way and cannot read the document being notarized. Here are some
guidelines on how to proceed in such situations.
 If a signer is visually impaired, the Notary should always proceed
carefully because
there is a risk that the signer may have been misled about the
contents of a document
he or she cannot see or read. If state law does not specify otherwise,
the Notary
must determine whether the documents presented by a visually impaired person are
the ones they intend to sign. One way of doing this is to ask the
individual to explain
the document’s purpose.
 In the state of Florida, a Notary is permitted to notarize the
signature of a person
who is blind after the Notary has read the entire instrument to the
signer. The Notary
must read the document verbatim; it’s important not to attempt to
explain the document’s
meaning to the signer or answer any questions the signer has about the
document’s
legal effects as this would constitute the unauthorized practice of
law. Maine and
North Dakota also recommend reading the document to a visually
impaired signer without
explaining the contents before proceeding with the notarization.
 If a person is unable to sign a document due to visual impairment,
some states —
including Iowa, Michigan and Washington — permit the signer to direct the Notary
or another person to sign the disabled person’s name on the document
while the disabled
person is present during a notarization. Because this procedure leaves
the signer
extremely vulnerable to potential exploitation, it’s strongly
recommended you contact
your state Notary-regulating office or the NNA Notary Hotline to
confirm this request
may be performed for a disabled signer, and whether your jurisdiction
has any other
special requirements.
 For example, Massachusetts, Mississippi, Nebraska, New Mexico, North
Carolina, Rhode
Island, and Wyoming only permit disabled singers to direct someone
else to sign their
name if two witnesses unaffected by the document are present, and Texas requires
a single witness who must also be identified by the Notary. Again, if
you are asked
to notarize for a visually impaired signer, if there are any questions
do not proceed
until you confirm with your state Notary regulating agency or the NNA
Hotline that
you have met all steps required by state law.

I can tell you that I personally have never been questioned by a
notary, other than a simple have you read and understood the document
you are signing.  From my understanding most states do not require
that the document be read to the blind person, but if the notary has
doubts about the persons understanding of the document then they
should ask them questions to confirm that they do understand what they
are signing.
My mother and sister are also notaries, and the only special rules
they were ever aware of were those regarding a disabled person who is
unable to sign their own name, and need to direct someone else to do
so for them.
I hope this helps answer your question.

Shelley

On 7/28/16, Gerard Sadlier via BlindLaw <blindlaw at nfbnet.org> wrote:
> Yes and at common law, see Re Gibson Decd [1947] an English decision.
> Mine is a slightly different question though.
>
> On 7/28/16, Paul Wick via BlindLaw <blindlaw at nfbnet.org> wrote:
>> In a related vein blind people are prohibited from acting as witnesses
>> under
>> British Columbia's Wills Act.
>>
>> Paul
>>
>> Sent from my iPhone
>>
>>> On Jul 28, 2016, at 12:49 PM, Farber, Randy via BlindLaw
>>> <blindlaw at nfbnet.org> wrote:
>>>
>>> Ger -
>>>
>>>    In the United States an affidavit is a statement sworn to in front of
>>> a
>>> notary and a notary cannot notarize one's own signature.  Therefore,
>>> there
>>> are always two persons; the person signing/swearing to the affidavit and
>>> the notary who certifies the signature on the affidavit.  Are the laws in
>>> Ireland different so that a notary can authenticate one's own signature?
>>>
>>> Randy
>>>
>>> -----Original Message-----
>>> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Gerard
>>> Sadlier via BlindLaw
>>> Sent: Thursday, July 28, 2016 2:20 PM
>>> To: blindlaw
>>> Cc: Gerard Sadlier
>>> Subject: [blindlaw] Special Requirements for Affidavits Sworn by Blind
>>> People?
>>>
>>> All
>>>
>>> I'd be really grateful for any information you may have concerning
>>> whether
>>> in jurisdictions (other than Ireland) affidavits which are being sworn by
>>> a blind person are subjected to special requirements.
>>>
>>> In Ireland, the following provisions of Order 40, Rule 14 of the Rules of
>>> the Superior Courts are applicable.
>>>
>>> “(2) A person taking an affidavit shall, where it appears to him that the
>>> affidavit is to be sworn by any person who appears to be illiterate or
>>> blind—
>>> (a) ensure that the affidavit is read in his presence to the deponent and
>>> that the deponent has fully understood it,
>>> (b) [relates to deponents who don't understand either English or Irish] …
>>> and
>>> (c) certify in the jurat that the affidavit was read in his presence to
>>> the deponent (in a case to which paragraph (b) refers, by a suitably
>>> qualified interpreter), that the deponent fully understood it and that
>>> the
>>> deponent made his signature or mark in his presence.”
>>>
>>> I have to say I think these are onerous, particularly for a solicitor
>>> (lawyer) who has to draft and swear affidavits regularly.
>>>
>>> I fully understand what the rules are there to avoid but I'm not sure
>>> that
>>> they have quite kept up with information technology. Certainly any
>>> affidavit I swear is something I have drafted myself and read over before
>>> printing.
>>>
>>> Views welcome.
>>>
>>> Kind regards
>>>
>>> Ger
>>>
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>>
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>
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-- 
Thank You
Shelley Palmadessa
shelleyrichards9 at gmail.com