I think some people believe that if someone can’t sign their name or read due to a physical disability, they can’t create an estate plan. That is simply not the case. The law allows a person to execute documents by making a mark. The legal capacity to sign with a mark instead of a signature is generally determined by a person’s ability to understand the nature and consequences of his or her estate plan and the ability to communicate his or her wishes.
If an estate plan is executed this way, per California Civil Code § 14, there must be at least two witnesses to the person’s mark on the documents. One witness writes the signer’s name near the mark and signs to verify that the person signed with a mark on the document. The second witness signs the document as a witness to the event as well. Although signing estate planning documents with a mark may take a little bit longer, these documents can still be executed and are treated just like any other signed document once they are properly executed.
