Notary 101

Signature by Mark: Notarizing for Someone Who Can’t Sign

An elderly person’s hands signing a document with a pen
Photo by Matthias Zomer / Pexels

Not everyone can produce a full legal signature — an injury, a stroke, a progressive condition, or a lifetime without formal schooling can all make a signature impractical or impossible. Kansas and Missouri both recognize “signature by mark” as a valid way to execute a document, and it’s notarized differently from a standard signature. It comes up more often than people expect, and it’s not something to be embarrassed about arranging.

What a signature by mark actually is

Instead of a full name, the signer makes a mark — traditionally an “X,” though it can be any consistent mark the person is capable of making. What makes it legally sound isn’t the shape of the mark; it’s the additional layer of verification that goes around it.

What the notary adds

  • A witness to the mark — someone who watches the signer make the mark and can attest to it, in addition to the notary.
  • Written confirmation near the mark — typically the signer’s name printed next to the mark, along with language confirming this is their intentional signature.
  • The same identification and willingness checks as any other notarization — a mark doesn’t lower the bar for confirming who’s signing and that they understand what they’re signing.

This is not the same as a power of attorney signing on someone’s behalf

A common mix-up: signature by mark is still the actual signer making their own mark, in their own presence, with their own intent. It’s different from a POA agent signing a document for someone else entirely, which is a separate legal mechanism with its own requirements. If someone can’t physically make any mark at all — not even an X — that’s a situation where a power of attorney, guardianship, or a signature-by-direction procedure (where a proxy signs under specific statutory conditions) needs to be considered instead, and that’s worth a conversation before the appointment, not during it.

Being unable to sign your name in the traditional sense doesn’t take away your ability to execute a legal document. It just changes the paperwork around how that gets documented.

What to expect at the appointment

I’ll ask a few extra questions ahead of time — whether a witness will be present, what kind of mark the signer is comfortable making, and whether the document itself has any special formatting requirements for a mark signature. None of it adds significant time to the appointment, and none of it should feel like an obstacle. It’s simply the correct, well-established way to handle a situation that comes up more than most people realize.

Arranging a signature by mark?

Tell us about the situation when you book, and we’ll make sure the right witness and paperwork are ready to go.

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EB

Eldgin Brown

Kansas & Missouri Commissioned Notary Public · Mobile & Rural Notary · Topeka, KS

Eldgin Brown is the owner and notary behind Seal & Signature Notary LLC. Commissioned in the States of Kansas and Missouri, he provides general notarizations and mobile signings for individuals, attorneys, and title companies across Kansas and Missouri. With experience spanning real estate closings, powers of attorney, affidavits, trust and estate documents, and apostille services, Eldgin writes from hands-on experience — not theory. Read the full bio on the authors page.

This article is for general information and isn't legal advice. Eldgin is a Kansas and Missouri commissioned notary public, not an attorney.