How to Help a Physically-Impaired Person Sign Estate Planning Documents

In the state of Florida, the testator is allowed to direct another person to sign their will in the testator’s presence. Thus, if the testator is unable to sign, the testator need only direct someone else in their presence to do it for them.

To make a will valid in Florida, the will must be signed in the presence of two witnesses (who also must sign). However, an issue that sometimes comes up is that the testator is unable to sign the will because of some physical impairment. For example, if someone is quadriplegic, they will likely be physically unable to sign a paper will. It would obviously not be fair to require someone to sign who is physically unable to do so.

The solution to this problem is found in section 732.502(1)(a) of the Florida Statutes. The statute allows for two methods of getting a valid testator signature. The first method is that the testator can sign. The second is that the testator can direct someone else to sign the will for the testator in the testator’s presence. This proxy signature will work just as well as if the testator signed the will. In fact, one case indicates that a witness is allowed to also act as a proxy for the testator and provide the signature.

Similarly, a notary public is allowed to sign a power of attorney for a principal who cannot sign. However, the rules found in section 117.05(14)(d) of the Florida Statutes must be followed, including the need for two disinterested witnesses and a note below the signature stating “Signature affixed by notary, pursuant to s. 117.05(14), Florida Statutes.”

In addition, a Designation of Health Care Surrogate can be signed by another person at the direction of the principal in the presence of a witness. This rule is found in 765.202(1), The same is true of a living will, as can be seen in section 765.302(1).

Thus, if you or a loved one cannot physically sign estate planning documents, fear not. There are still ways to execute the estate plan.