By: Sarah Meinhart, estate planning and probate attorney
Many legal documents require notarization to confirm authenticity and ensure that signatures are made voluntarily. But what happens if you have a physical disability or limitation that prevents you from signing your own name? Michigan law allows a notary to sign a document for someone with physical limitations if properly directed, with a required legal notation—an important tool in Estate Planning with a client who is unable to sign but otherwise has capacity.
For individuals handling estate planning documents, affidavits, or court filings, this legal accommodation can be especially important. Situations like these often arise during complex estate disputes or when families are working with lawyers to resolve legal matters.
Under the Michigan Notary Public Act, specifically MCL 55.293, a notary public may sign a document on behalf of a person who cannot physically execute their own signature due to a disability or physical limitation.
This provision ensures that individuals aren’t prevented from exercising their legal rights simply because they can’t physically hold a pen or produce a traditional signature. It also allows important legal matters—such as estate documents, affidavits, or court filings—to proceed without unnecessary delay.
When a you can’t physically sign a document, Michigan law allows the notary to sign the document on your behalf. However, the process must follow specific legal requirements to ensure the signature is valid.
First, the individual must direct the notary to sign their name. This direction can be given verbally if the person can speak. If the individual can’t speak, they may communicate the instruction electronically or through another clear method of communication.
The notary must sign the individual’s name in the person’s presence. After doing so, the notary is required to include a specific notation beneath the signature.
The notation must read:
“Signature affixed pursuant to Michigan Notary Public Act.”
This statement documents that the signature was legally applied by the notary in accordance with Michigan law.
For individuals with mobility impairments, paralysis, arthritis, or other physical conditions, signing documents may be extremely difficult or impossible. Without legal accommodations, these individuals could face serious barriers when managing personal, financial, or legal matters.
Michigan’s notary law ensures equal access to essential legal processes. Whether someone is finalizing estate planning documents, participating in litigation, or submitting court filings, the ability to have a document notarized remains accessible.
This accommodation can become particularly relevant during probate disputes, where sworn statements, affidavits, and legal filings must be properly executed.
There are many circumstances where a person with physical limitations may need a notary to assist with signing documents. Common examples include:
In these situations, working with experienced probate litigation lawyers in Ann Arbor can help ensure that documents are properly prepared and executed in compliance with Michigan law.
Our legal team understands that probate litigation can be complex and emotionally challenging. Their attorneys provide strategic representation for clients involved in will contests, trust disputes, estate administration conflicts, and other probate-related matters.
If you’re dealing with a probate dispute or need assistance ensuring that legal documents are properly executed, working with knowledgeable probate litigation Lawyers in Ann Arbor can help protect your interests and ensure that your case moves forward efficiently. Contact us today for an initial consultation!
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