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CS Professional · Drafting, Pleadings and Appearances · Types of Documents

Kavita Joshi is illiterate and wishes to execute a power of attorney in favour of her son. Which execution practice is most appropriate to make the document reliable?

Her thumb impression should be taken after the document is read over and explained to her, with a recital or certificate confirming this and attesting witnesses identifying her. This shows she understood and assented, which signing by her son or on a blank sheet cannot do.

  1. AObtain her thumb impression, have the contents read over and explained to her, and record a certificate of this by the scribe or witnessCorrect
  2. BHave her son sign on her behalf without any note
  3. CLet her make a casual mark on a blank sheet to be typed later
  4. DExecute it without witnesses since she cannot read it

Explanation

For an executant who cannot read or sign, the usual practice is a thumb impression or mark, with a statement that the document was read and explained and understood, supported by identifying witnesses. Blank-sheet signing and proxy signing by the beneficiary undermine proof of consent.

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