Can't make a signature

Q. Due to my spinal cord injury I can't use a pen to make a signature.  What can I do to     authorise contracts and other documents?

A. A signature is a common way of confirming a person's acceptance of a contract or arrangement but is not always necessary to create a binding legal document.

1. Making your own mark

If you can't make a signature with a pen you may show your acceptance of a contract or other document (including a deed depending on which country, state or territory you are located in) by leaving a mark such as:

• your initials;
• a rubber stamp; or
• an ink thumbprint.

If you use a mark instead of a signature on a document, you should have someone witness you making the mark to prove that you have accepted the terms and conditions of the document and to ensure that the use of your mark is not abused by another person.  If the document is a deed, in certain jurisdictions you must have a witness if you use a mark.

The person who witnesses you making the mark should not be a party to the document or a witness for the other party.

After your witness has watched you mark the document, they should write on the bottom of the document that:

• you are unable to sign the document;
• you appeared to read and approve the document; and
• you marked the document in their presence.

You should seek legal advice about what is required for particular documents as the way you can agree to the document without signing and the number of witnesses you need changes according to the nature of the document and the state or territory you are in.

2. Can someone sign a document on my behalf?

You can authorise someone to sign documents on your behalf by appointing them as your attorney under a Power of Attorney.

A Power of Attorney allows you to give another person the power to manage your assets and financial affairs while you are alive.  You can limit the powers you give to your attorney, for example, only to deal with certain bank accounts or limit when they can act.

Your Power of Attorney can be revoked (cancelled) at any time provided you understand what you are doing in revoking your Power of Attorney.

If you are considering making a Power of Attorney, you should seek legal advice first.

For some documents in some states a person who is not your Power of Attorney may sign a document on your behalf.

However, if someone signs a document on your behalf and the law says that only your attorney under your Power of Attorney may sign on your behalf, then that signature will have no effect.

Generally, it is better to make a mark yourself or appoint an attorney than to allow someone to sign on your behalf.

Please note that this Hot Topic only applies to people who are physically disabled and who do not have reduced mental capacity.

This Hot Topic has been prepared by Blake Dawson. It is general information only and should not be relied on as advice on how to execute a particular document. If you need to validly execute a legal document you should seek specific advice on that document as requirements vary according to the document and the State or Territory in which you are executing the document.

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