Situation guide
Signers who can't speak: ICU, sedated and very weak patients
Yes, if they understand what they are signing and show they want to sign it. Speech is not required. Understanding is. If the signer can't show understanding, a careful notary stops.
Updated 2026-10-31 by Michael Seutin, California Notary Public, commission 2518648.
How does a non-verbal signer show they agree?
If they can write, they answer in writing. If not, they nod. I ask simple questions first and look for answers that stay consistent: their name, where they are, who the person next to them is.
What if they can't sign their name?
They can sign with an X. In California, a signature by mark that is notarized needs two witnesses. One writes the signer's name next to the X, and both sign their own names (Civil Code §14). In the ICU, the witnesses are usually family.
When does a notary refuse?
When the signer is too sedated or confused to understand. No document is worth that.
From the signings
"I can't let a person sign what he does not understand. That is immoral in my book."
Before you book
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Check with the unit's management that a notary visit is OK
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Have the documents and valid photo IDs ready, for the signer and for any witnesses
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If the signer may sign with an X, have two witnesses ready
General information about how documents are executed, not advice about your situation. A notary public is not an attorney. The full disclaimer.