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F E Smith
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Category: Law
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Experience:  I have been practising for 30 years.
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We need to get my father in law to sign a document. He is

Resolved Question:

We need to get my father in law to sign a document. He is now physically unable to give a signature we have been told a mark will be sufficient. What constitutes a mark?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Does your Father-in-law still have control of all his mental faculties and will his medical practitioner confirm that?

A mark is literally what it says. If he just holds the pen and moves it on the page, that is sufficient.

Whether it’s sufficient for whoever wants the document is another matter altogether. It would be sufficient for a Lasting Power of Attorney application although the circumstances surrounding the signature may need verification for a solicitor and in that respect, if your father-in-law is required to sign something, it would be better signed in front of a medical professional or a solicitor.

You can only do this however if your father-in-law knows exactly what he is signing and the effect of it. It only applies to physical infirmity.

Can I clarify anything for you?

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We can still exchange emails if you wish.

Best wishes.

FES.

F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, ***** ***** fully in control of mental facilities just not physically able. He has today made a very poor attempt at his signature and made a made small X next to it, would this then be sufficient for the LPA form.

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